(a) Upon the death of an owner of jointly held property:
- (1) If, during the deceased owner’s lifetime, the deceased owner could have unilaterally reacquired a portion of the property attributable to the deceased owner’s contributions without the consent of the other owner or owners, a surviving owner may disclaim, in whole or in part, a fractional share of that portion of the property attributable to the deceased owner’s contribution determined by dividing the number 1 by the number of joint owners alive immediately after the death of the owner to whose death the disclaimer relates.
(2) For all other jointly held property, an owner who survives a deceased owner may disclaim, in whole or part, a fraction of the whole of the property the numerator of which is 1 and the denominator of which is the product of:
- a. The number of joint owners alive immediately before the death of the owner to whose death the disclaimer relates;
- b. Multiplied by the number of joint owners alive immediately after the death of the owner to whose death the disclaimer relates.
- (b) A disclaimer under subsection (a) of this section takes effect as of the death of the owner of jointly held property to whose death the disclaimer relates.
- (c) An interest in jointly held property disclaimed by a surviving owner of the property passes as if the disclaimant predeceased the owner to whose death the disclaimer relates.
- (d) Disclaimers of interests in property not governed by this section are governed by § 606 of this title.
63 Del. Laws, c. 448, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 302, § 1