How to Find Owners of Properties
in Delaware
Delaware adheres to a policy of transparency of public records. Under the Delaware Freedom of Information Act, the public can access government records, including property documents. Individuals can request copies of property records from the appropriate government agencies or access them through online databases.
In Delaware, property records typically provide a range of information, including:
- Details of ownership, such as the names and addresses of current and previous owners
- Dates of property transfers
- Property's legal description, including its dimensions, boundaries, and zoning classification
- Property's assessed value
- Tax history
- Existing liens or encumbrances
Here are some ways you can do a Delaware house owner lookup:
Go to Your County's Recorder of Deeds
In each Delaware county, the Recorder of Deeds office manages the property records repository for the district. This office is responsible for indexing and maintaining various property records, including:
- Deeds
- Tax records
- Property sale records
- Survey records
- Liens and mortgages
- Plot plans
These offices can provide copies of the online property records, via email, or in person. For instance, the Kent County Recorder of Deeds Office offers a search tool that allows you to view or attain copies covering property records.
You can find a property owner by map number, address, subdivision/lot, and tax account or through a map search. Using this tool, you can access essential property information, which includes address, parcel number, current owner names, as well as lot number.
Similar to additional county offices, the office for the Kent County Recorder of Deeds also offers walk-in support for accessing public records for property, allowing you to visit the office as early as 8 a.m. until 5 p.m., every Monday to Friday.
Browse the State Public Archives Site
You can find the owner of a property free on the State Public Archives website. The Archives Office maintains a deed roster that includes each of the property records between 1747 and 2009. This roster provides information such as the grantee's first, middle, and last names, property/tract details, location, transfer date, building information, and citation.
You can also see or attain copies of any original records of property by emailing your request to archives@delaware.gov.
Visit the County Treasury
Delaware property tax records document all taxes assessed for properties that individuals own or for legal entities, such as corps. The Delaware County Treasurer oversees these tax records, which are accessible to the public upon request.
Those interested in obtaining tax records for properties can do so either in person within the Treasury office or online for the county where your real estate is found.
For example, there is a search tool that enables individuals to look for property taxes as the Sussex County Treasury. To access it, select "Tax Information" on the menu on the site and scroll to find the tool.
You can look for Delaware state property tax records by way of entering the owner's parcel ID, Property Tax ID Number, tax year, and name in the designated search fields. The search results typically display the owner of the property as well as its address, the bill type, the image of the property, its year built, and details of payments or adjustments.
Hire a Title Search Agency
Title search agencies have access to comprehensive databases of property records. They offer property title search as a service that gives you detailed ownership information, including past and current owners, liens, and mortgages.
The cost of a title search varies and can go up if the search is more complex or involves additional services.
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Outsource to a Commercial Service Provider
If you need more detailed information than what public sites offer, consider using third-party real estate websites that provide property ownership details. Reputable search companies such as PropertyChecker.com offer an invaluable way to find the owner of a property by address in Delaware.
PropertyChecker.com offers extensive data about properties and their histories, allowing you to access statewide records and identify both current and past property owners. Additionally, the platform can help you uncover the individuals behind entities and trusts.
What Are the Different Types of Property Ownership in Delaware?
As a property owner, you have exclusive rights to possess and control your property and use it for personal enjoyment or profit. You can transfer ownership during your lifetime through a contract, deed, grant, lease, or gift.
Depending on your form of ownership, you may also have the right to transfer it upon your death. Additionally, you are responsible for all expenses and charges associated with the property.
When a single person owns property, that individual holds all rights and responsibilities. However, when two or more people co-own property, there must be a way to divide those rights and responsibilities among the co-owners. The rules that govern these rights and duties vary by state law.
In Delaware, statutes outline how two or more owners can hold title to property. There are two primary options: tenancy in common and joint tenancy with the right of survivorship. It's important to make this decision thoughtfully, as each option comes with distinct benefits and drawbacks.
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Tenancy in Common
Tenancy in Common (TIC) is a specific ownership structure that allows several parties to hold an undivided fractional interest in a property. Each owner or tenant holds a stake in the entire property, regardless of how large their share is.
For instance, one investor might own 75% of the property while another owns 25. However, both have equal rights and privileges concerning the property as a whole.
Tenancy in common enables multiple owners to operate independently, giving each the freedom to sell or transfer their portion of property rights without restrictions. They can divide property rights into equal or unequal shares.
If a co-owner passes away, their share goes to their estate and is distributed through probate. This arrangement is the default unless the deed specifies a different vesting option.
Fractional ownership offers flexibility by enabling investors to buy partial shares in high-value properties. TIC allows access to high-value real estate while letting investors select an investment amount that matches their financial situation, goals, and risk tolerance.
A TIC agreement establishes a legal framework detailing each tenant's rights, responsibilities, and share of property costs and profits. Owners can create this agreement at any time, allowing them to further divide their interests if additional investors want to join the arrangement.
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Joint Tenancy
The other option for co-owners of Delaware real estate is joint tenancy. In this ownership structure, the joint tenants hold full title to the property together. If one tenant decides to sell their share, the joint tenancy dissolves and converts into a tenancy in common.
A significant advantage of joint tenancy is the right of survivorship, which allows the deceased tenant's title rights to automatically transfer to the surviving tenants, bypassing probate.
However, this form of ownership isn't automatic. It must be explicitly stated in the deed's granting clause. For instance, one might write, "AA grants and conveys to BB, CB, and DB as joint tenants with right of survivorship, and not as tenants in common".
Property held in joint tenancy automatically transfers to the surviving owners when one owner dies, eliminating the need for probate.
This arrangement is often ideal for couples, whether married or not, who acquire real estate, vehicles, bank accounts, or other valuable assets together. In Delaware, each owner, known as a joint tenant, must hold an equal share of the property.
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Land Trusts
Land trusts, also known as real estate land trusts, provide a way to transfer property title to an appointed trustee while allowing the original owner to retain their claim of ownership. The key distinction with a land trust is that the trustee becomes the titleholder for legal purposes.
Establishing a land trust can be advantageous for several reasons, and there are various types available. It serves as an effective tool for maintaining privacy and can help bypass probate. Overall, creating a land trust is straightforward and requires minimal ongoing maintenance.
A Delaware land trust offers property owners several benefits, including privacy, probate avoidance, and some level of protection from creditors. By transferring the property title to a trustee, owners can keep their assets private while still asserting ownership claims.
Although land trusts don't directly provide asset protection, they help safeguard privacy and can assist in circumventing the due-on-sale clause.
This table summarizes the common forms of property ownership in Delaware, including their benefits and implications.
| Ownership Structure | Description | Benefits | Implications |
|---|---|---|---|
| Sole Ownership | A single individual or entity holds full ownership of the property, with no other co-owners. | Absolute control over the property | The owner is responsible for all expenses and charges associated with the property. |
| Joint Tenancy | Two or more people hold a joint title to the property. | A property held in joint tenancy automatically transfers to the surviving owners when one owner dies, eliminating the need for probate. | Each owner, known as a joint tenant, must hold an equal share of the property. |
| Tenants in Common | Two parties purchase real estate together, such as for rental purposes, and both hold ownership rights. | Each owner or tenant holds a stake in the entire property, regardless of how large their share is. | If a co-owner passes away, their share goes to their estate and is distributed through probate. |
Common Methods of Property Transfer in Delaware
Delaware has three types of deeds that are used in real estate transactions: general warranty deeds, quitclaim deeds, and special warranty deeds.
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General Warranty Deed
A Delaware general warranty deed transfers property interest to a buyer and guarantees that the real estate has a clear title and that the seller has the authority to sell it. By executing this document, the seller ensures the buyer that there are no liens or encumbrances on the property.
Should any unforeseen claims arise, the seller agrees to defend the title, provided the encumbrance occurred before the deed was signed.
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Quitclaim Deed
A quitclaim deed serves as the basic statutory form for a deed. This form typically includes the terms "grant and convey", which suggest certain title warranties. However, a modified quitclaim deed replaces those terms with "quitclaim", eliminating warranty protection.
To be valid, a properly executed quitclaim deed must include these specific information:
- The names and addresses of both the grantor and grantee
- The grantee's choice of how to hold the title
- A complete legal description of the property being conveyed
- County tax assessment parcel ID (if available)
- Date of execution
- Grantor's signature
- Signature of a witness who is not mentioned elsewhere in the document
Finally, the deed must be acknowledged by the notary public or another official authorized to administer oaths. If the quitclaim deed conveys property already recorded in public records, it should also provide details about how the grantor acquired ownership.
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Special Warranty Deed
The special warranty deed transfers property to a buyer with two specific covenants. First, the seller confirms that they have not transferred the real estate to anyone other than the buyer. Second, the seller guarantees that the estate is free from any title claims made by them.
If the parties agree to transfer property using a special warranty deed, the deed may include the phrase "grant and convey" in the granting clause, effectively designating it as a special warranty deed even without explicit warranty language. Conversely, omitting these words could change the type of deed being conveyed if there is no express warranty language present.
Step-by-Step Guide to Property Transfer in Delaware
Follow these steps to carry out a property transfer in Delaware:
- Prepare each of your documents: Before you start, gather the necessary paperwork such as Form 5402 and the title of the property. Ensure everything is organized and ready.
- Fill and Complete the deed: Cautiously complete every section contained within your quitclaim deed, leaving no blanks to avoid issues or delays for your transfer.
- Sign with help from a notary: You need help from a professional notary to finalize your signature. Locate an approved notary and only sign the document with them watching so you can get an official stamp.
- Submit your Deed and record with the county: Go to the local county clerk specific to the county of your property, (Sussex, Kent, or New Castle.) Verify that you know the fee required and get copies of the deed to keep in your records.
When transferring real estate, both the buyer and seller typically pay a tax of 4%. However, various exemptions apply, including low property values, transfers between families, and inheritance.
Delaware Homeowner Lookup
- Owner(s)
- Deed Records
- Loans & Liens
- Values
- Taxes
- Building Permits
- Purchase History
- Property Details
- And More!
Delaware Homeowner Lookup
- Owner(s)
- Deed Records
- Loans & Liens
- Values
- Taxes
- Building Permits
- Purchase History
- Property Details
- And More!