2019 Delaware Code
Title 25 - Property
Chapter 3. Titles and Conveyances
§ 309 Conveyance of real estate between spouses.
(a) A married man may convey by deed, duly executed and acknowledged, real estate or any interest therein directly to his wife, and a married woman may convey by deed, duly executed and acknowledged, real estate or any interest therein directly to her husband, and every such conveyance of real estate or any interest therein, located in this State, made prior to or on or after December 21, 1965, shall be valid and effective in law and equity to convey the grantor’s title and interest therein and thereto, whether both the grantor and grantee or either, respectively, shall have resided at the time of such conveyance within or without this State, and notwithstanding the wife or the husband, respectively, did not or does not join herein.
(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 June 29, 1998, and of a type described therein shall be deemed valid ab initio.
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.
