§ 309 — Conveyance of real estate between spouses

(a) The following conveyances between spouses of real estate or any interest therein, located in this State shall be valid and effective in law and equity:

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

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

(3) By either spouse, without the joinder of the other spouse, to the other spouse alone of the grantor spouse’s entire interest in any real estate, or interest therein, held in tenancy by the entirety;

(4) By both spouses, in any estate or tenancy, to both spouses in any estate or tenancy;

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

(b) Any conveyance authorized by paragraph (a)(1) or (a)(4) of this section made by the grantor to both spouses, either as joint tenants with right of survivorship or as tenants by the entirety, shall, if otherwise valid, be as fully effective to vest either an estate in joint tenancy with right of survivorship or an estate as tenants by the entirety, as the case may be, in such real estate, in the grantees as if the same had been conveyed by the grantor therein to a third party and by such third party to said grantees.

(c) Property held by the entireties shall not be subject to the claims of a creditor of only 1 spouse.

(d) All conveyances described in subsection (a) of this section made before, on, or after June 29, 2023 shall be deemed valid ab initio.

Legislative History

25 Del. C. 1953, § 309; 55 Del. Laws, c. 247 ; 68 Del. Laws, c. 318, § 1 ; 70 Del Laws, c. 186,, § 1; 71 Del. Laws, c. 333, § 1 ; 84 Del. Laws, c. 69, § 1