Delaware Code
Subchapter II. Partition Proceedings
§ 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.

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.