Key Takeaways

  • Delaware recognizes tenancy by the entirety for married couples, providing survivorship and creditor protection
  • Joint tenancy with right of survivorship must be expressly stated in the deed
  • Delaware is a lien theory state where the borrower retains title and the lender has a lien
  • Foreclosures in Delaware are judicial and must go through the court system
  • Delaware has specific property tax and assessment rules
Last updated: January 2026

Delaware Property Ownership and Rights

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Delaware has specific rules for property ownership, including special protections for married couples.

Types of Ownership

Sole Ownership

One person owns the property:

  • Full control
  • Passes through probate at death

Tenancy in Common

Multiple owners with:

  • Separate, undivided interests
  • Can be unequal shares
  • No right of survivorship
  • Each share passes through owner's estate

Joint Tenancy with Right of Survivorship

Multiple owners with:

  • Equal shares
  • Right of survivorship
  • Must be expressly stated in the deed
  • Avoids probate

Delaware Rule: To create joint tenancy with right of survivorship, the deed must expressly state this intent. Otherwise, concurrent ownership is presumed to be tenancy in common.

Tenancy by the Entirety

Special form of ownership for married couples only:

FeatureDescription
OwnershipSpouses own as one unit
SurvivorshipAutomatic - surviving spouse gets all
Creditor ProtectionCreditor of one spouse cannot reach property
TerminationOnly by death, divorce, or mutual agreement

Tenancy by the entirety is automatically created when:

  • Both spouses take title
  • Property is residential

Lien Theory State

Delaware is a lien theory state:

FeatureDescription
BorrowerRetains title to property
LenderHolds a lien against property
DefaultLender must foreclose to acquire title

Mortgage Documents

DocumentPurpose
Promissory NotePromise to repay the loan
MortgageCreates lien on property

Foreclosure in Delaware

Judicial Foreclosure Required

Delaware requires judicial foreclosure:

  • Must go through court system
  • Longer process than non-judicial states
  • Borrower has due process rights
  • Court supervises sale

Foreclosure Timeline

StageTypical Process
Default noticeAfter missed payments
Filing complaintLender files with court
ServiceBorrower served with complaint
Response periodBorrower can respond
JudgmentIf no defense or after hearing
Sheriff's salePublic auction

Deficiency Judgments

Delaware allows deficiency judgments:

  • If sale proceeds don't cover debt
  • Lender may pursue borrower for balance
  • Fair market value considerations apply

Property Taxes

Delaware Property Tax Features

FeatureDescription
AssessmentCounty assessments
PaymentVaries by county
Lien priorityProperty taxes are priority liens
ExemptionsMay include homestead, senior exemptions

Transfer Taxes

Delaware has transfer taxes on real estate sales:

TaxRate
State Transfer TaxPercentage of sale price
Recording FeesAdditional fees

Transfer tax is typically split between buyer and seller per agreement.

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Delaware Property Ownership Types
Test Your Knowledge

What type of ownership provides creditor protection for married couples in Delaware?

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Test Your Knowledge

Delaware is what type of mortgage state?

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B
C
D