The Court of Chancery may make a decree for partition in 1 proceeding under this chapter of several tracts or parcels of land and premises held by the same persons as joint tenants, tenants in common or parceners, although the several tracts or parcels of land may have been derived by different titles, and although any 1 or more of the tenants or parceners may not hold a like share, proportion or interest in all of the several tracts or parcels. In such case it shall be competent for commissioners appointed under § 724 of this title to return a partition of a part of the lands and premises embraced in the proceeding, and to return the residue of the same without partition, and further proceedings shall be in accordance with the return so made. The Court may vary the terms of the commission as may be necessary to adapt it to cases contemplated by this section.
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.