In the case of Cooper v. Cooper, No. 642, 2014 (June 22, 2015), Ms. Cooper sought to challenge a Family Court partition order that permitted her former husband, Mr. Cooper, to buy out her interest in jointly titled real estate without requiring that he remove her from the mortgage and/or home equity loan associated with the property. The Supreme Court noted that pursuant to 10 Del. C § 921(14) Family Court must apply equitable principles when dividing real property in a partition action. The Court held that the "failure to address the removal of [Ms. Cooper's] name from the loan on the Property does not reflect the application of "equitable principles." Id. at 5. The matter has been remanded to the Family Court.
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