Any married woman, seized of any real estate in her own right, whose husband has a mental disability, and who desires to sell, convey or to mortgage any such real estate, or any part thereof, may present her petition to the Court of Chancery, stating the facts, and the Court may, if it considers it a proper case, make an order appointing a trustee for such married man with a mental disability to join in any deed or mortgage in his behalf with his wife, and to sign, seal and acknowledge the same as such trustee in the same manner as deeds and mortgages are by law acknowledged.
Structure Delaware Code
Subchapter I. General Provisions
§ 101. Transfer of title to real estate by deed.
§ 102. Effect of deeds by married women.
§ 103. Circumstances under which wife may bar her dower without husband being a party.
§ 104. Trustee for wife with a mental disability; barring of dower.
§ 105. Trustee for husband with a mental disability; barring of curtesy.
§ 106. Effect of deed executed by trustee for spouse with a mental disability.
§ 107. Conveyance of real estate by married woman deserted without just cause.
§ 108. Deeds and other instruments executed by the Home Owners' Loan Corporation.
§ 109. Defeasance or contract for reconveyance; recording; acknowledgment or proof.
§ 110. Certificates of notaries public; validity [Effective until Aug. 1, 2023].
§ 110. Certificates of notaries public; validity [Effective Aug. 1, 2023].