Delaware Code (Titles 8, 9, 25, 30)
9 Del. C. § 8137
Tenants in common or joint tenants
# (a)
Where title to property on which an exemption is claimed is held by claimant and another or others, either as tenants in common or as joint tenants, claimant shall not be allowed an exemption against the claimant’s interest in said property in excess of the assessed valuation of the claimant’s proportionate share in said property, which proportionate share, for the purposes of this subchapter, shall be deemed to be equal to that of each of the other tenants, unless it is shown that the interests in question are not equal, in which event claimant’s proportionate share shall be as shown.
# (b)
Nothing in this subchapter shall preclude more than 1 tenant, whether title be held in common or joint tenancy, from claiming exemption against the property so held, but no more than the equivalent of 1 full exemption in regard to such property shall be allowed in any year, and in any case in which the claimants cannot agree as to the apportionment thereof, the exemption shall be apportioned between or among them in proportion to their interest. Property held by husband and wife, as tenants by the entirety, shall be deemed wholly owned by each tenant, but not more than 1 exemption in regard to such property shall be allowed in any year.
# (c)
Right to claim exemption under this subchapter shall extend to property the title to which is held by a partnership to the extent of the claimant’s interest as a partner therein, and by a guardian, trustee, committee, conservator or other fiduciary for any person who would otherwise be entitled to claim exemption under this subchapter, but not to property the title to which is held by a corporation.
Amendment history
55 Del. Laws, c. 163, § 1; 70 Del. Laws, c. 186, § 1
Source: view the official text
In this title (40 sections)
- 9-8102 · Transfers of real property subject to county taxation [For…
- 9-8103 · Personal property
- 9-8104 · Placement of mobile homes subject to Sussex County taxation
- 9-8105 · Property owned by governmental, religious, educational or…
- 9-8106 · Specific organizations and purposes
- 9-8106A · New Castle County property tax exemptions; applications;…
- 9-8107 · Motion picture studios and plants
- 9-8108 · Railroad property
- 9-8109 · Off-street parking facilities; exemptions
- 9-8110 · Civic organizations owning parkland
- 9-8111 · Proration of yearly taxes when property in Kent County is…
- 9-8111A · Proration of yearly taxes when property in New Castle County…
- 9-8112 · Lodging tax
- 9-8113 · Fire protection fee
- 9-8131 · Definitions [For application of this section, see 81 Del.…
- 9-8132 · Qualifications and amount of exemption
- 9-8133 · Application for exemption
- 9-8134 · Contents of application
- 9-8135 · Allowance of exemption
- 9-8136 · Continuance of exemption
- 9-8137 · Tenants in common or joint tenants
- 9-8138 · Rules and regulations
- 9-8139 · Oaths
- 9-8140 · Appeals
- 9-8141 · Exemption from property taxes on real estate in Kent County
- 9-8151 · Property subject to exemption
- 9-8152 · Definitions
- 9-8153 · Certification as tax exempt
- 9-8154 · Conditions for charitable exemptions; penalty for false…
- 9-8155 · Assessed valuation; lien for taxes on termination of nonprofit…
- 9-8156 · Special assessments in lieu of taxes
- 9-8201 · Board of Assessment for Kent County [Repealed]
- 9-8202 · Vacancies [Repealed]
- 9-8203 · Salaries of members [Repealed]
- 9-8204 · Expenses of members [Repealed]
- 9-8205 · Disqualification for other offices [Repealed]
- 9-8206 · Oath of office [Repealed]
- 9-8207 · Removal from office; notice; hearing; appeal [Repealed]
- 9-8208 · Employees [Repealed]
- 9-8209 · Location of regular offices of boards; temporary offices…