reglab/housing_qa huggingface dataset:
25 DE Code § 732. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 732. Title upon sale; transfer of liens to proceeds.

§ 732. Title upon sale; transfer of liens to proceeds. A purchase of the premises pursuant to the foregoing provisions of this subchapter shall pass to the purchaser of the premises all the estate and interest of the joint tenants, tenants in common or parceners or persons whether in esse or not in esse having an interest in remainder, reversion or expectancy, whether the interest is vested or contingent, free and discharged from all liens and encumbrances except liens and encumbrances as may be paramount to the title of the joint tenants, tenants in common or parceners or person of a class having an interest either in possession or in remainder, which class may be enlarged by the happenings of a future contingency. All liens and encumbrances on the estate or interest of any joint tenants, tenant in common or parcener or person of such class shall be without change or priority transferred to the interest or share of the joint tenant, tenant in common or parcener or person of such class in the proceeds of sale. Code 1852, §  1735;  Code 1915, §  3282;  34 Del. Laws, c. 200, §  2;  35 Del. Laws, c. 197, §  2;  Code 1935, §  3746;  25 Del. C. 1953, §  732;
25 DE Code § 733. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 733. Investment or division of sale proceeds.

§ 733. Investment or division of sale proceeds. The proceeds of the sale, after deducting the costs of the proceedings, shall be invested by the Court in whole or in part for the benefit of the various parties and interests as their rights appear, or divided among the parties entitled according to their several interests and the rules of law and equity. Code 1852, §  1794;  Code 1915, §  3283;  35 Del. Laws, c. 197, §  3;  Code 1935, §  3747;  25 Del. C. 1953, §  733;
25 DE Code § 734. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 734. Sales upon credit; purchase money security; preference of mortgage.

§ 734. Sales upon credit; purchase money security; preference of mortgage. The Court may, in its discretion, direct that sales made under this subchapter, be made upon credit, either as to the whole or a part of the purchase money, the payment of the purchase money to be at such time and to be secured in such manner as the Court in the order of sale prescribes, or in the order of confirmation directs. The Court may order and direct all such acts and proceedings touching the execution of a deed to the purchaser and the securing, collection and distribution of the purchase money, as it deems necessary. If the purchase money, or a part thereof, is secured by the mortgage of the purchaser and the mortgage is recorded within 30 days after the date of the mortgage, the mortgage shall have preference to any judgment against the purchaser or any other lien created or suffered by that purchaser, although such judgment or other lien be of a date prior to the mortgage. Code 1915, §  3284;  Code 1935, §  3748;  25 Del. C. 1953, §  734;  70 Del. Laws, c. 186, §  1;
25 DE Code § 735. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 735. Costs.

§ 735. Costs. The costs of a proceeding for partition shall be taxed and allowed by the Court and paid from the proceeds of sale or by the parties according to their respective interests in the premises, in the manner as the Court orders. Code 1852, §  1738;  Code 1915, §  3285;  Code 1935, §  3749;  25 Del. C. 1953, §  735;
25 DE Code § 736. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 736. Dower, curtesy or other estate in undivided shares of parties to partition proceedings.

§ 736. Dower, curtesy or other estate in undivided shares of parties to partition proceedings. A sale of any lands, tenements and hereditaments, pursuant to the provisions of § 729 of this title, shall pass to the purchaser thereof a title, free and discharged from all claims by virtue of any estate or interest in dower or by the curtesy, or other estate, in any undivided share of any of the parties entitled if the person entitled to the interest at the filing of the petition for partition was a party to the proceeding. The Court may make all orders touching the investment and disposal of the proceeds of sale of any share of the premises sold which may be necessary to secure to a person having a right of dower or curtesy, or other estate, in such share, an equivalent interest in the proceeds of sale. Code 1852, §  1699;  Code 1915, §  3286;  Code 1935, §  3750;  25 Del. C. 1953, §  736;
25 DE Code § 737. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 737. Procedure where dower, curtesy or life estate exists.

§ 737. Procedure where dower, curtesy or life estate exists. If there is a tenant by the curtesy or other life estate, other than in any undivided share of any of the parties entitled, partition of the real estate shall not be made until the determination of the curtesy or life estate, unless upon the joint petition of the tenant by the curtesy or other life estate and 1 or more of the other parties entitled, in which case partition may be made among the parties entitled, subject to the rights of the tenant by the curtesy or other life estate. If there is a widow entitled to dower in the real estate, other than in any undivided share of any of the parties entitled, partition of her part as the widow shall be postponed until the determination of her estate. After assigning the widow's dower, partition of the residue may be made, or other proceedings had concerning it, in the same manner and to the same effect as if such residue were all the real estate, and after the determination of the widow's estate, partition of the part assigned to her in dower may be made, or other proceedings had concerning it. Code 1852, §§  1678, 1679;  Code 1915, §  3287;  Code 1935, §  3751;  25 Del. C. 1953, §  737;  70 Del. Laws, c. 186, §  1;
25 DE Code § 738. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 738. Advancements; treatment upon partition.

§ 738. Advancements; treatment upon partition. (a) If any child of an intestate or any issue of such child has received any lands, tenements or hereditaments as an advancement out of the intestate's estate, or by settlement of or by way of gift from the intestate in the intestate's own lifetime, or by means of purchase the consideration of which was paid or satisfied by the intestate, the lands, tenements or hereditaments shall be estimated in the partition, or distribution of the intestate's real estate, or proceeds of sale of real estate, as part thereof, and shall be held by the child or issue for or towards that child's or issue's share of the estate or proceeds. (b) The settlement, gift or other advancement shall not be considered in determining or assigning the widow's dower. Code 1852, §  1681;  Code 1915, §  3288;  Code 1935, §  3752;  25 Del. C. 1953, §  738;  70 Del. Laws, c. 186, §  1;
25 DE Code § 739. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 739. Assignment of dower without embracing residue.

§ 739. Assignment of dower without embracing residue. Upon the petition of a widow entitled to dower, or of any other person entitled to her part, or of any other person interested, an order may be made assigning such part without embracing the residue. The assignment shall be made by like proceedings and in the same manner as in the case of partition of real estate. Code 1852, §§  1689, 1755;  Code 1915, §  3289;  Code 1935, §  3753;  25 Del. C. 1953, §  739;  70 Del. Laws, c. 186, §  1;
25 DE Code § 740. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 740. Election to take dower from proceeds of sale; investment or deposit of widow's share.

§ 740. Election to take dower from proceeds of sale; investment or deposit of widow's share. If there is a widow entitled to dower, and the return of the commissioners shows that there has been no partition of the residue after the assignment of her dower, she may, by petition, elect to take, in lieu of her dower by metes and bounds, an equivalent share of the proceeds of sale of the whole of the real estate. Thereupon, the Court may set aside the assignment of dower as made by the commissioners, and shall order the real estate to be sold. Out of the proceeds of the sale, after the payment of the costs of the proceedings, the Court may invest the share upon which the widow is entitled to receive the interest or may deposit the share in any bank or trust company in this State so that the widow shall receive the income during her life and the principal shall be paid to the other parties entitled after the death of the widow. Code 1852, §  1696;  Code 1915, §  3290;  Code 1935, §  3754;  25 Del. C. 1953, §  740;  70 Del. Laws, c. 186, §  1;
25 DE Code § 741. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 741. Appointment of trustee for joint owner's widow with a mental disability.

§ 741. Appointment of trustee for joint owner's widow with a mental disability. If a parcener, tenant in common or joint tenant, or assignee of the interest, in real estate, dies leaving a widow with a mental disability, or a widow becomes mentally disabled before the assignment of dower and partition of the residue of the lands of the decedent, a trustee for the widow with a mental disability may be appointed by the Court of Chancery and proceedings for partition may be had in the manner and form as prescribed by § 911 of Title 12 [repealed]. Code 1915, §  3291;  Code 1935, §  3755;  25 Del. C. 1953, §  741;  49 Del. Laws, c. 57, §  1;  79 Del. Laws, c. 371, §  28;
25 DE Code § 742. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 742. Appraisement of value of widow's dower; payment of widow's share and distribution of residue.

§ 742. Appraisement of value of widow's dower; payment of widow's share and distribution of residue. The Court of Chancery in which a partition proceeding may be pending, at any time prior to the decree of distribution, upon the petition of a widow entitled to dower in the whole or any part of the real estate which is the subject of the partition proceedings, or upon the petition of any party to such proceedings, may appraise the value of the widow's dower in the real estate, and in the decree of distribution order the appraised valuation shall be paid to the widow, and the residue paid to the other parties entitled thereto. Code 1915, §  3292;  Code 1935, §  3756;  25 Del. C. 1953, §  742;
25 DE Code § 743. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 743. Investment or deposit of share of persons holding curtesy interest or life estate; appraisement and payment upon petition.

§ 743. Investment or deposit of share of persons holding curtesy interest or life estate; appraisement and payment upon petition. A tenant by the curtesy or other life tenant of any real estate sold under the provisions of this chapter shall for the term of that tenant's life be entitled to have and receive the interest of the proceeds of sale of the real estate, and the Court of Chancery in which such partition is pending may invest the proceeds, after the payment of the costs of the proceedings, or deposit the proceeds in any bank or trust company of this State in such manner that the tenant by the curtesy or other life tenant shall receive the interest and income during that tenant's life, and the principal shall be paid, after the death of the tenant by the curtesy or other life tenant, to the other parties entitled. Upon the petition of the tenant by the curtesy or other life tenant, or any party to the proceeding, the Court may appraise the value of the interest and direct the payment to the tenant by the curtesy or other life tenant out of the proceeds of sale, the appraised valuation, and distribute the residue among the other parties entitled. Code 1852, §  1703;  Code 1915, §  3293;  Code 1935, §  3757;  25 Del. C. 1953, §  743;  70 Del. Laws, c. 186, §  1;
25 DE Code § 744. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 744. Curtesy; barred by wrongful conduct of husband.

§ 744. Curtesy; barred by wrongful conduct of husband. If a husband leaves his wife to go with an adulteress or willingly lives in adultery in a state of separation from his wife, not occasioned by her fault, in either case, unless his wife is reconciled to him and suffers him to dwell with her, or if he is convicted of wrongfully killing his wife, he shall forfeit his curtesy and all demands, as her husband, upon her real or personal estate and any estate, charge or benefit settled upon him, or upon trust for him, in lieu of curtesy. Code 1935, §  3757A;  47 Del. Laws, c. 343, §  1;  25 Del. C. 1953, §  744;  70 Del. Laws, c. 186, §  1;
25 DE Code § 745. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 745. Real estate in more than 1 county; appointment of freeholders; effect of recording in another county.

§ 745. Real estate in more than 1 county; appointment of freeholders; effect of recording in another county. (a) Where the real estate which is the subject of partition under this chapter lies in more than 1 of the counties of this State, the freeholders to make the partition may be selected from 1 county or from several counties, in the discretion of the Court. The Court shall order the part of the proceedings which relates to real estate in another county than that wherein the petition for partition is presented to be certified and recorded in the Court of Chancery in that county; and the record shall have all the effect of an original record. (b) Satisfactions of the share or interest of parties entitled to the purchase money, secured by a recognizance entered into by the purchaser of lands in another county than that wherein the petition for partition is presented, entered upon the record of the county wherein the petition is presented by the county to which the proceedings are certified and recorded, shall be certified by the Clerk of the Court of Chancery of the other county noted on the record of the recognizance there, and the notation shall be considered as a satisfaction of the shares as though the satisfaction had been originally entered on the record of the county to which the proceeding is certified. Code 1852, §  1707;  Code 1915, §  3294;  35 Del. Laws, c. 196;  Code 1935, §  3758;  25 Del. C. 1953, §  745;
25 DE Code § 746. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 746. Partition of several tracts held by same joint owners; power of commissioners and Court.

§ 746. Partition of several tracts held by same joint owners; power of commissioners and Court. The Court of Chancery may make a decree for partition in 1 proceeding under this chapter of several tracts or parcels of land and premises held by the same persons as joint tenants, tenants in common or parceners, although the several tracts or parcels of land may have been derived by different titles, and although any 1 or more of the tenants or parceners may not hold a like share, proportion or interest in all of the several tracts or parcels. In such case it shall be competent for commissioners appointed under § 724 of this title to return a partition of a part of the lands and premises embraced in the proceeding, and to return the residue of the same without partition, and further proceedings shall be in accordance with the return so made. The Court may vary the terms of the commission as may be necessary to adapt it to cases contemplated by this section. Code 1852, §§  1710, 1711;  Code 1915, §  3295;  Code 1935, §  3759;  25 Del. C. 1953, §  746;
25 DE Code § 747. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 747. Partition of several tracts where some parties hold interest in all and other parties hold interest in part.

§ 747. Partition of several tracts where some parties hold interest in all and other parties hold interest in part. In a partition of several tracts or parcels of land held by the same persons, though by different titles or in different shares, as provided by § 746 of this title, if 1 or more of the persons entitled as joint tenants, tenants in common or parceners has some share, proportion or interest in all the tracts or parcels of land and premises named in the petition, and any other person is entitled as joint tenant, tenant in common or parcener to a share, proportion or interest in any 1 or more of the tracts or parcels of land, though not in all of them, the Court may in like manner make a decree for partition in 1 proceeding as aforesaid. Code 1852, §§  1710, 1711;  Code 1915, §  3296;  Code 1935, §  3760;  25 Del. C. 1953, §  747;
25 DE Code § 748. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 748. Power of commissioners to make return of partition of part of lands; procedure.

§ 748. Power of commissioners to make return of partition of part of lands; procedure. The commissioners appointed under § 724 of this title may, in any case, return a partition of a part of the lands and premises embraced in the proceedings for partition and return the residue without partition, and further proceedings shall be in accordance with the return so made. The Court may vary the terms of the commission as may be necessary to adapt it to cases contemplated by this section. Code 1852, §  1730;  Code 1915, §  3297;  Code 1935, §  3761;  25 Del. C. 1953, §  748;
25 DE Code § 749. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 749. Certified copy of record as evidence.

§ 749. Certified copy of record as evidence. A copy of any proceedings for partition had pursuant to this chapter, certified under the hand of the Register in Chancery of the county and the seal of the Court, shall be competent evidence of the proceedings therein stated in any court of law or equity. Code 1852, §  1739;  Code 1915, §  3299;  Code 1935, §  3763;  25 Del. C. 1953, §  749;
25 DE Code § 750. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 750. Limitation of appeals.

§ 750. Limitation of appeals. No appeal shall lie from any order or decree of the Court of Chancery touching any of these premises, unless taken within 3 months from the date of the order or decree. Code 1915, §  3300;  Code 1935, §  3764;  25 Del. C. 1953, §  750;
25 DE Code § 751. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 751. Powers of Court of Chancery.

§ 751. Powers of Court of Chancery. For the purpose of effectuating the provisions of this chapter, the Court of Chancery shall have, in addition to the jurisdiction and powers already conferred upon it, general equity powers concerning the subject matter of this chapter and authority to make any order or decree not inconsistent with the provisions of this chapter relating to causes in partition, or matters incidental or pertaining thereto, which the right or justice of the cause may demand. The Court of Chancery may make all rules and orders necessary for effectuating the provisions of this chapter. Code 1915, §§  3301, 3302;  Code 1935, §§  3765, 3766;  25 Del. C. 1953, §  751;
25 DE Code § 2201. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter I. Preliminary Provisions|§ 2201. Short title; applicability.

§ 2201. Short title; applicability. This chapter shall be known and may be cited as the “Unit Property Act.” This chapter shall be subject to the provisions of Part VII, Chapter 81 of this title, which supersedes various provisions hereof, as provided in § 81-119 of that chapter. 25 Del. C. 1953, §  2201;  54 Del. Laws, c. 282;  76 Del. Laws, c. 422, §  1;  77 Del. Laws, c. 92, §  1;
25 DE Code § 2203. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter I. Preliminary Provisions|§ 2203. Application.

§ 2203. Application. This chapter shall be applicable only to real property, the sole owner, or all the owners, or the lessee, or all the lessees of which submit the same to the provisions hereof by a duly recorded declaration. 25 Del. C. 1953, §  2203;  54 Del. Laws, c. 282;  56 Del. Laws, c. 195, §  4;
25 DE Code § 2204. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter II. General Provisions|§ 2204. Status of units; ownership thereof.

§ 2204. Status of units; ownership thereof. Each unit, together with its proportionate undivided interest in the common elements, is for all purposes real property, and the ownership of each unit, together with its proportionate undivided interest in the common elements, is for all purposes the ownership of real property. 25 Del. C. 1953, §  2204;  54 Del. Laws, c. 282.;
25 DE Code § 2205. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter II. General Provisions|§ 2205. Common elements.

§ 2205. Common elements. The percentage of undivided interest in the common elements assigned to each unit shall be set forth in the declaration, and such percentage shall not be altered except by recording an amended declaration duly executed by all of the unit owners affected thereby. The undivided interest in the common elements may not be separated from the unit to which such interest pertains and shall be deemed to be conveyed, leased or encumbered with the unit even though such interest is not expressly referred to or described in the deed, lease, mortgage or other instrument. The common elements shall remain undivided and no owner may exempt himself or herself from liability with respect to the common expenses by waiver of the enjoyment of the right to use any of the common elements or by the abandonment of that owner's unit or otherwise and no action for partition or division of any part of the common elements shall be permitted, except as provided in § 2239 of this title. Each unit owner or lessee thereof may use the common elements in accordance with the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other unit owners. The maintenance and repair of the common elements and the making of any additions or improvements thereto shall be carried out only as provided in the code of regulations. 25 Del. C. 1953, §  2205;  54 Del. Laws, c. 282;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2206. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter III. Administrative Provisions|§ 2206. Code of regulations as governing.

§ 2206. Code of regulations as governing. The administration of every property shall be governed by a code of regulations, a true and correct copy of which and all duly adopted amendments of which shall be duly recorded. 25 Del. C. 1953, §  2206;  54 Del. Laws, c. 282.;