(a) Complaint.(1) General requisites. A complaint for a partition shall state, in addition to other pertinent allegations, (a) how title to the property was first acquired by the tenants in common, joint tenants or parceners, including changes resulting from descent, division or alienation and, if derived by will or deed, an extract from such document; (b) the name and address of each party entitled to partition and designating, if known, any nonresidents of the State, infants or mentally ill persons; (c) the share of each respective party; (d) a description of the premises, buildings and improvements thereon; and (e) a prayer for summons and decree of partition.(2) Intestate real estate. A complaint for partition of intestate real estate shall include all real estate of which the intestate dies seized, and which at the time of the filing is the property of the heirs at law or their assigns.(b) Service upon parties. Service shall be made as stated in Rules 4 and 5 except as otherwise provided by statute.(c) Trustee's sale in partition.(1) Return date of order of sale. An order for the sale of property in partition shall fix the time for the return thereof, which shall not be less than 3 weeks after the date of the order.(2) Notice of sale. Whenever by statute or rule notice of the sale of real property is required to be given to creditors, the person making the sale, in addition to other required notice, shall send at least 10 days before the date of sale by registered or certified mail to each creditor who holds a lien against the lands a copy of the advertisement of sale. Said advertisement shall be mailed postpaid to the post-office address of such creditor. The person making the sale also shall, at least 2 weeks before the day fixed for return of the sale, cause to be published at least once in 1 or more newspapers published in the county where the lands are situate, a notice to all persons having or claiming a lien or encumbrance against the share or interest of any of the parties entitled to participate in the proceeds of sale, to appear in Court at the return day of sale and make proof of said claim. Such notice shall also be appended to each posted advertisement of sale.(3) Interest on liens. Interest on liens against shares of a party shall not be calculated beyond the date of the order for distribution.(4) Trustee's deposit of sale proceeds. A trustee making a sale in partition shall forthwith deposit in a banking institution in the State of Delaware to the credit of this Court all moneys received from purchasers of the property at the time of sale; and it shall be the duty of such purchasers to deposit in the same manner the balance of the purchase moneys on or before the day for making return of said sale and to deliver to the trustee a certificate of such deposit, provided that if a purchaser is a party in interest in the property sold, that purchaser shall not be required to make deposit of such purchaser's share and interest in the distributive balance of the net proceeds of sale, if said share is unencumbered; and the trustee shall thereupon state such fact in the trustee's return and the decree for distribution shall be made accordingly.(5) Trustee's return of sale. A trustee appointed to make a sale in partition shall file with the trustee's return a certificate of deposit of purchase moneys in the depository bank; certificates from the collectors of taxes (county and city or town) and a certificate from the Clerk of the District Court of the United States for the District of Delaware, evidencing a search for liens in their respective offices against the parties entitled to shares in such real property; and a certificate of the trustee, or the trustee's attorney, evidencing a search for liens in the offices of the Recorder of Deeds and Prothonotary against said parties.(6) Shares subject to dower, curtesy or liens. A distribution shall not be made without special order of the Court to a party whose share of the proceeds of sale is subject to dower, curtesy or liens.(7) Petition for appraisement of dower, curtesy or other life interest. If lands described in a complaint for partition, or any undivided share therein, be subject to dower, curtesy or other life interest, the complaint shall include a prayer that, in the event the property is sold, the Court appraise the value of the dower, curtesy or other life interest and direct payment of such appraised valuation to the person entitled thereto and distribute the residue among other parties entitled.(8) To whom distribution made. Checks for the payment of money under an order for distribution of the proceeds from the sale of property sold in partition proceedings shall be payable to the order of the party (or to the order of the party's attorney in fact constituted by power of attorney executed and acknowledged in the same manner as deeds for conveying real property) and the party's attorney of record.(9) Creditor's petition. A creditor having a lien against the share of any party may, after a decree of distribution is entered, petition the Court for payment of such lien, stating, under oath, the nature thereof and the amount due. The Court shall direct that notice of such petition be given to the party entitled to the share and to all of the party's other lien creditors. The Court shall thereafter determine the respective rights of creditors and the interested party.(10) Payment of minor's share. A share of the proceeds of sale to which a minor is entitled shall be paid to the guardian of the minor's property when the guardian files a certificate showing the guardian's appointment and qualification.(11) Order of distribution. Upon confirmation of a sale in partition, petitioner's attorney shall file with the Register in Chancery a proposed final order of distribution. The court shall enter an order fixing a time for hearing thereon and directing the Register in Chancery to give written notice by registered mail to all parties. The notice shall state (a) the caption of the case, (b) the filing and availability for inspection of the proposed final order, (c) the time and place of final hearing, and (d) the right of all interested parties to appear at such hearing and either object or consent to the entry of such order. Upon consent of all parties to the proceedings, either with or without hearing as hereinbefore provided or after hearing objections thereto, if any, the Court shall enter its order of distribution which shall be final and conclusive of the rights of the parties.