If from the return of the commissioners it appears that no partition of the premises has been made, and the return is approved by the Court, or if it is shown otherwise to the Court that partition of the premises will be detrimental to the interests of the parties entitled, the Court shall make an order for the sale of the premises by a trustee appointed for that purpose, at public vendue, to the highest bidder, upon notice of the time and place of the sale as prescribed in the order. After the sale is approved by the Court, and the purchase money is first paid into Court, or secured in such manner as the Court directs, the Court shall order a deed to be executed by the trustee conveying the premises to the purchaser.
Structure Delaware Code
Chapter 7. JOINT ESTATES AND PARTITION
Subchapter II. Partition Proceedings
§ 721. Petition for partition; persons entitled to apply.
§ 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.
§ 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.
§ 744. Curtesy; barred by wrongful conduct of husband.
§ 746. Partition of several tracts held by same joint owners; power of commissioners and Court.
§ 748. Power of commissioners to make return of partition of part of lands; procedure.