SENATE BILL NO. 106
AS AMENDED BY SENATE AMENDMENT NOS. 1, 2 AND 3
AN ACT TO AMEND TITLE 10, SECTION 921, DELAWARE CODE RELATING TO DISPOSITION OF FORMER MARITAL PROPERTY.
WHEREAS, by virtue of 13 Delaware Code, Chapter 15, the Family Court retains jurisdiction to equitably divide marital property following a divorce proceeding; and
WHEREAS, on occasion parties fail to request the Court's retention of jurisdiction for such purposes; and
WHEREAS, it is then necessary for the parties to seek relief through the Court of Chancery; and
WHEREAS, It appears that such jurisdiction should vest with Family Court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Title 10, §921, Delaware Code is amended by adding thereto a new subsection to read:
"(14) Petitions by persons formerly married to each other seeking an interest in or disposition of jointly titled real property, acquired during' their marriage where such property was not disposed of (a) by agreement of the parties, or (b) by virtue of ancillary proceedings pursuant to 13 Del. C. §1513. In dividing said property the Family Court shall apply equitable principles unless there is a written agreement signed by the parties regarding the dispos1tiOn of said property. Unless there is a written agreement signed by the parties the Family Court shall not consider the factors enumerated In 13 Del. C. §1513. This subsection shall apply to all actions filed after Its effective date."
Approved July 11. 1989.