Delaware Code
Subchapter II. Partition Proceedings
§ 722. Service of summons.

(a) If a party, named in the summons for partition cannot be found in the county, to be served personally, service may be made by leaving a copy of the summons at the usual place of abode of such party within the county at least 6 days before the return day thereof in the presence of an adult person, or, if such party has no known place of abode within the county and cannot be served personally, and his appearance is not duly entered at the return of the summons, the Court shall make such further order for service of the summons as seems proper to it.
(b) In case it appears to the Court by the petition and affidavit or other proof at the hearing of the petition, that any persons interested in the proceedings other than the petitioners are nonresidents of the State and cannot be served personally with a summons in partition, an order may be made for the appearance of the nonresidents at a day to be fixed by the Court in order. The day fixed shall not be less than 2 weeks after the date of the order. The order shall likewise prescribe the manner of serving notice thereof on the nonresidents.

Structure Delaware Code

Delaware Code

Title 25 - Property

Chapter 7. JOINT ESTATES AND PARTITION

Subchapter II. Partition Proceedings

§ 721. Petition for partition; persons entitled to apply.

§ 722. Service of summons.

§ 723. Unknown or uncertain parties in interest; description in petition; service by publication.

§ 724. Decree of partition; appointment and duties of commissioners.

§ 725. Appointment of a new commission.

§ 726. Final decree of partition.

§ 727. Proportionment of shares among issue claiming by stocks.

§ 728. Procedure upon petition by all interested parties.

§ 729. Appointment of trustee for public sale of premises; conveyance by trustee.

§ 730. Allotment of primary interests.

§ 731. Deed upon death of purchaser.

§ 732. Title upon sale; transfer of liens to proceeds.

§ 733. Investment or division of sale proceeds.

§ 734. Sales upon credit; purchase money security; preference of mortgage.

§ 735. Costs.

§ 736. Dower, curtesy or other estate in undivided shares of parties to partition proceedings.

§ 737. Procedure where dower, curtesy or life estate exists.

§ 738. Advancements; treatment upon partition.

§ 739. Assignment of dower without embracing residue.

§ 740. Election to take dower from proceeds of sale; investment or deposit of widow's share.

§ 741. Appointment of trustee for joint owner's widow with a mental disability.

§ 742. Appraisement of value of widow's dower; payment of widow's share and distribution of residue.

§ 743. Investment or deposit of share of persons holding curtesy interest or life estate; appraisement and payment upon petition.

§ 744. Curtesy; barred by wrongful conduct of husband.

§ 745. Real estate in more than 1 county; appointment of freeholders; effect of recording in another county.

§ 746. Partition of several tracts held by same joint owners; power of commissioners and Court.

§ 747. Partition of several tracts where some parties hold interest in all and other parties hold interest in part.

§ 748. Power of commissioners to make return of partition of part of lands; procedure.

§ 749. Certified copy of record as evidence.

§ 750. Limitation of appeals.

§ 751. Powers of Court of Chancery.