Find the right Delaware real estate form

Real estate transfers in Delaware are governed primarily by Title 25 of the Delaware Code, with additional requirements in Title 96 relating to recording and transfer taxes. Delaware requires strict compliance with both statutory deed language and county-level recording procedures.

Every transfer of real property must be recorded, and deeds are subject to realty transfer tax requirements administered at the county level (96 Del. C. 9605). Before a deed can be recorded, the appropriate county-specific affidavit of residence and realty transfer tax documentation must be submitted. Failure to include required tax forms may result in rejection of the instrument.

Delaware follows a race recording system. Priority is determined strictly by the order of recording, not by the date of execution (25 Del. C. 153). If the same property is conveyed to more than one purchaser, the first party to record in the proper county retains priority, even if another deed was signed earlier. Because of this, prompt recording is essential.

A deed must be presented for recording in the county where the property is located. If the land spans more than one county, the deed should be recorded in each affected county (25 Del. C. 152). Upon acceptance, the recorder marks the deed with the official date and time of recording (96 Del. C. 9606).

To be valid, a Delaware deed must be in writing and properly executed (25 Del. C. 101; 121). Required elements typically include:

• Execution (signing) date
• Full name, marital status, and address of each grantor
• Full name and address of each grantee
• Consideration (the value exchanged for the property)
• Complete legal description of the property
• County tax parcel identification number where required
• Grantor’s signature
• Proper acknowledgment before a notary or authorized officer (25 Del. C. 122; 123)
• A “Prepared by” statement including the preparer’s name and address (96 Del. C. 9605(h))

If the grantor is married, the spouse may be required to join in execution to release marital property interests (25 Del. C. 310).

Delaware’s statutory deed form includes the words “grant and convey” (25 Del. C. 121(b)). This language operates as a form of special warranty, conveying fee simple title and assuring that the grantor will defend the title against claims arising by, through, or under the grantor.

Delaware recognizes two primary forms of co-ownership: tenancy in common and joint tenancy with right of survivorship (25 Del. C. 311).

Tenancy in common is presumed unless the deed clearly states otherwise. Each tenant in common may convey his or her individual share independently, and upon death, that share passes through probate.

Joint tenancy must be expressly created in the granting clause. When properly established, it includes the right of survivorship, meaning that upon the death of one joint tenant, the deceased’s interest automatically passes to the surviving joint tenant(s) by operation of law (25 Del. C. 701).

Delaware permits individuals who are at least eighteen years old to buy and sell real property, without residency restrictions (25 Del. C. 306; 312).

Because Delaware operates under a pure race recording system and imposes county-specific transfer tax documentation requirements, careful drafting and immediate recording are critical to preserving ownership rights and ensuring that the transfer is reflected in the public record.