Del. Ch. Ct. R. 183

(a) Complaint.

(1) General Requisites. A complaint for a partition

shall state, in addition to other pertinent allegations, (a)

how title to the property was first acquired by the

tenants in common, joint tenants or parceners,

including changes resulting from descent, division or

alienation and, if derived by will or deed, an extract

from such document; (b) the name and address of each

party entitled to partition and designating, if known,

any nonresidents of the State, infants or mentally ill

persons; (c) the share of each respective party; (d) a

description of the premises, buildings and

improvements thereon; and (e) a prayer for summons

and decree of partition.

(2) Intestate Real Estate. A complaint for partition of

intestate real estate shall include all real estate of

which the intestate dies seized, and which at the time

of the filing is the property of the heirs at law or their

assigns.

(b) Service upon Parties. Service shall be made as

stated in Rules 4 and 5 except as otherwise provided by

statute.

(c) Trustee’s Sale in Partition.

(1) Return Date of Order of Sale. An order for the sale

of property in partition shall fix the time for the return

thereof, which shall not be less than 3 weeks after the

date of the order.

(2) Notice of Sale. Whenever by statute or rule notice

of the sale of real property is required to be given to

creditors, the person making the sale, in addition to

other required notice, shall send at least 10 days before

the date of sale by registered or certified mail to each

creditor who holds a lien against the lands a copy of the

advertisement of sale. Said advertisement shall be

mailed postpaid to the post-office address of such

creditor.

The person making the sale also shall, at least

2 weeks before the day fixed for return of the sale,

cause to be published at least once in 1 or more

newspapers published in the county where the lands

are situate, a notice to all persons having or claiming

a lien or encumbrance against the share or interest

of any of the parties entitled to participate in the

proceeds of sale, to appear in Court at the return day

of sale and make proof of said claim. Such notice

shall also be appended to each posted advertisement

of sale.

(3) Interest on Liens. Interest on liens against shares

of a party shall not be calculated beyond the date of the

order for distribution.

(4) Trustee’s Deposit of Sale Proceeds. A trustee

making a sale in partition shall forthwith deposit in a

banking institution in the State of Delaware to the

credit of this Court all moneys received from purchasers

of the property at the time of sale; and it shall be the

duty of such purchasers to deposit in the same manner

the balance of the purchase moneys on or before the day

for making return of said sale and to deliver to the

trustee a certificate of such deposit, provided that if a

purchaser is a party in interest in the property sold,

that purchaser shall not be required to make deposit of

such purchaser’s share and interest in the distributive

balance of the net proceeds of sale, if said share is

unencumbered; and the trustee shall thereupon state

such fact in the trustee’s return and the decree for

distribution shall be made accordingly.

(5) Trustee’s Return of Sale. A trustee appointed to

make a sale in partition shall file with the trustee’s

return a certificate of deposit of purchase moneys in the

depository bank; certificates from the collectors of taxes

(county and city or town) and a certificate from the

Clerk of the District Court of the United States for the

District of Delaware, evidencing a search for liens in

their respective offices against the parties entitled to

shares in such real property; and a certificate of the

trustee, or the trustee’s attorney, evidencing a search

for liens in the offices of the Recorder of Deeds and

Prothonotary against said parties.

(6) Shares Subject to Dower, Curtesy or Liens. A

distribution shall not be made without special order of

the Court to a party whose share of the proceeds of sale

is subject to dower, curtesy or liens.

(7) Petition for Appraisement of Dower, Curtesy or

Other Life Interest. If lands described in a complaint for

partition, or any undivided share therein, be subject to

dower, curtesy or other life interest, the complaint shall

include a prayer that, in the event the property is sold,

the Court appraise the value of the dower, curtesy or

other life interest and direct payment of such appraised

valuation to the person entitled thereto and distribute

the residue among other parties entitled.

(8) To Whom Distribution Made. Checks for the

payment of money under an order for distribution of the

proceeds from the sale of property sold in partition

proceedings shall be payable to the order of the party

(or to the order of the party’s attorney in fact constituted

by power of attorney executed and acknowledged in the

same manner as deeds for conveying real property) and

the party’s attorney of record.

(9) Creditor’s Petition. A creditor having a lien against

the share of any party may, after a decree of

distribution is entered, petition the Court for payment

of such lien, stating, under oath, the nature thereof and

the amount due. The Court shall direct that notice of

such petition be given to the party entitled to the share

and to all of the party’s other lien creditors. The Court

shall thereafter determine the respective rights of

creditors and the interested party.

(10) Payment of Minor’s Share. A share of the

proceeds of sale to which a minor is entitled shall be

paid to the guardian of the minor’s property when the

guardian files a certificate showing the guardian’s

appointment and qualification.

(11) Order of Distribution. Upon confirmation of a

sale in partition, petitioner’s attorney shall file with the

Register in Chancery a proposed final order of

distribution. The court shall enter an order fixing a time

for hearing thereon and directing the Register in

Chancery to give written notice by registered mail to all

parties. The notice shall state (a) the caption of the case,

(b) the filing and availability for inspection of the

proposed final order, (c) the time and place of final

hearing, and (d) the right of all interested parties to

appear at such hearing and either object or consent to

the entry of such order. Upon consent of all parties to

the proceedings, either with or without hearing as

hereinbefore provided or after hearing objections

thereto, if any, the Court shall enter its order of

distribution which shall be final and conclusive of the

rights of the parties.