Del. Code tit. 25 § 309

Current through 2024 Legislative Session Act Chapter 364
Section 309 - Conveyance of real estate between spouses
(a) The following conveyances between spouses of real estate or any interest therein, located in this State shall be valid and effective in law and equity:
(1) By either spouse, in any estate or tenancy other than tenancy by the entirety, without the joinder of the other spouse, to both spouses in any estate or tenancy;
(2) By either spouse, in any estate or tenancy other than tenancy by the entirety, without the joinder of the other spouse, to the other spouse alone;
(3) By either spouse, without the joinder of the other spouse, to the other spouse alone of the grantor spouse's entire interest in any real estate, or interest therein, held in tenancy by the entirety;
(4) By both spouses, in any estate or tenancy, to both spouses in any estate or tenancy;
(5) By both spouses, in any estate or tenancy, to either spouse alone.

(b) Any conveyance authorized by paragraphs (a)(1) or (a)(4) of this section made by the grantor to both spouses, either as joint tenants with right of survivorship or as tenants by the entirety, shall, if otherwise valid, be as fully effective to vest either an estate in joint tenancy with right of survivorship or an estate as tenants by the entirety, as the case may be, in such real estate, in the grantees as if the same had been conveyed by the grantor therein to a third party and by such third party to said grantees.
(c) Property held by the entireties shall not be subject to the claims of a creditor of only one spouse.
(d) All conveyances described in subsection (a) of this section made before, on, or after [the effective date of this Act] shall be deemed valid ab initio.

25 Del. C. § 309

Amended by Laws 2023, ch. 69,s 1, eff. 6/29/2023.
25 Del. C. 1953, § 309; 55 Del. Laws, c. 247; 68 Del. Laws, c. 318, § 1; 70 Del Laws, c. 186, § 1; 71 Del. Laws, c. 333, § 1.;