Which type of partition is favored in Delaware?

In Delaware, partition in kind is favored because it aligns with the general principle of property law that seeks to preserve the individual ownership rights of co-owners. Partition in kind involves physically dividing the property into distinct portions that can be separately owned and used by each co-owner. This method is particularly preferred when the property can be divided without significant loss of value, ensuring that each party retains a piece of the property that is as close to equal in value as possible.

In addition to the fairness of the division, partition in kind respects the physical integrity of the land and allows co-owners to maintain their desired level of control over their respective shares. This approach is often more beneficial for co-owners who wish to continue utilizing their share of the property in a manner that suits their own needs, rather than being forced into a sale or forced sharing of property that may not serve their interests.

Understanding that partition in kind is favored over other forms of partition is crucial, as other methods, like the sale of the property and division of proceeds, may not serve the best interests of all parties involved or could result in the loss of the property’s use or value.