Delaware Code
Subchapter II. Partition Proceedings
§ 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.

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.