CHAPTER 333

FORMERLY

HOUSE BILL NO. 548

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO CONVEYANCE OF REAL ESTATE BETWEEN SPOUSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 309 of Title 25 of the Delaware Code by striking subsection (b) thereof in its entirety and substituting in lieu thereof the following:

"(b) This section shall be construed as authorizing a conveyance of an interest in real property:

(1) By either spouse, in any estate, tenancy, or capacity other than tenancy by the entireties, without the joinder of the other spouse, to both spouses in any estate, tenancy or capacity;

(2) By either spouse, in any estate, tenancy or capacity other than tenancy by the entireties, without the joinder of the other spouse to the other spouse alone;

(3) By both spouses, in any estate, tenancy, or capacity, to both spouses in any estate, tenancy, or capacity; and

(4) By both spouses, in any estate, tenancy, or capacity, to either spouse alone.

(c)All conveyance prior to the effective date of subsection 309(b) and of a type described therein shall be deemed valid ab initio."

Approved June 29, 1998