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DE HB272

Bill

Status

Passed

5/19/2016

Primary Sponsor

Sean Lynn

Click for details

Origin

House of Representatives

148th General Assembly

AI Summary

  • Amends § 921 of Title 10 of the Delaware Code regarding Family Court's exclusive original civil jurisdiction over jointly titled real property disputes between formerly married persons.

  • Removes the language "acquired during their marriage" from the statute, expanding jurisdiction to include jointly titled real property that may have been acquired prior to the marriage.

  • Maintains that Family Court jurisdiction applies when property was not disposed of by agreement of the parties or through ancillary proceedings under § 1513 of Title 13.

  • Specifies that Family Court shall apply equitable principles in dividing the property unless parties have a signed written agreement, and shall not consider factors enumerated in § 1513 of Title 13 absent such agreement.

  • Applies to all actions filed after July 11, 1989.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Family Court Jurisdiction And Powers.

Last Action

Signed by Governor

5/19/2016

Committee Referrals

Judiciary4/13/2016
Judiciary3/3/2016

Full Bill Text

No bill text available