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DE HB271

Bill

Status

Passed

5/19/2016

Primary Sponsor

Sean Lynn

Click for details

Origin

House of Representatives

148th General Assembly

AI Summary

  • Redefines "marital property" to include two categories: (1) property acquired by either spouse after marriage, with specified exceptions, and (2) all jointly-titled real property acquired before marriage unless excluded by valid agreement.

  • Expands the definition of jointly-titled real property to explicitly include joint tenancy, tenancy in common, and any other form of co-ownership.

  • Modifies gift exclusions to require that gifted property be titled and maintained in the sole name of the recipient spouse, with documentation via gift tax return or notarized document executed before or contemporaneously with the transfer.

  • Establishes a presumption that all property acquired during marriage is marital property regardless of how title is held, which can be overcome by demonstrating the property falls within specified exclusion categories.

  • Clarifies that property transferred as a gift between spouses during marriage is classified as marital property.

Legislative Description

An Act To Amend Title 13 Of The Delaware Code Relating To Marital Property.

Last Action

Signed by Governor

5/19/2016

Committee Referrals

Judiciary4/13/2016
Judiciary3/3/2016

Full Bill Text

No bill text available