Is marital property split 50/50 in a Delaware divorce?
Not automatically. 13 Del. C. § 1513 directs the Family Court to divide marital property equitably, in proportions the court deems just after weighing the statutory factors, which can produce an unequal split. Since the division is percentage-of-value rather than item-by-item, credible values on vehicles, jewelry, collections, and business interests determine what each percentage is actually worth.
Which assets does Delaware presume to be marital property?
Everything acquired after the marriage, regardless of whose name is on the title. Section 1513(c) creates that presumption unless the asset is proven separate, and it reaches privately held companies, LLC interests, equipment, vehicles, art, and household contents. Rebutting or applying the presumption starts with identifying and valuing each disputed item.
What is the two-list method Delaware courts use for household items?
A practical shortcut for low-value contents: one spouse divides the household personal property into two lists, and the other spouse picks which list to keep. Delaware Family Court favors this informal method to avoid trial testimony over furniture and electronics, which reserves formal appraisal work for the assets where value genuinely matters.
Does Delaware require a divorce asset inventory to be filed within three months?
No, that deadline belongs to probate. The three-month inventory-and-appraisal rule in 12 Del. C. § 1905 applies to executors and administrators of estates filing with the Register of Wills, and it is often mistaken for a divorce requirement. Divorce property division runs through the Family Court's equitable distribution process under § 1513, which sets no statutory appraisal deadline or dollar threshold.