What is the real estate transfer tax in Delaware?
In Delaware, a deed is subject to a state realty transfer tax of 2.5% of the value of the property where the county or municipality has enacted the full 1.5% local realty transfer tax, or 3% where it has not, apportioned equally between grantor and grantee. Value is the actual consideration including liens and other encumbrances on the property, and no tax applies when the value is less than $100. A first-time home buyer’s share of the tax is reduced by 0.5% of the lesser of the value or $400,000, without reducing the seller’s share. Conveyances between spouses and between a parent and a child are not taxable documents. Counties and cities can add their own tax where state law lets them, so check the county where the deed is recorded. This is 30 Del. C. §§ 5401, 5402.
| What | Delaware |
|---|---|
| State transfer tax | 2.5% state (3% if no local tax), split equally |
What the statute says
“… a realty transfer tax at the rate of 3 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1½ percent realty transfer tax …”
Quoted word for word from the section’s text.
Source
Read the statute in the Delaware Code (Delaware General Assembly): delcode.delaware.gov.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
This page states the state’s rule so the costs and paperwork of a sale can be checked against it before a contract is signed. An owner on Seayora keeps each property’s owners of record and its documents in one place.
Guides on this rule
- Real Estate Transfer Tax by State: Rates and Who Pays — The state real estate transfer tax rate in each of the 35 jurisdictions that charge one, with the statute and who pays where the law says.
Compare this rule in every state
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The same question in other states
- Alabama
- Arkansas
- California
- Colorado
- Connecticut
- District of Columbia
- Florida
- Georgia
- Hawaii
- Illinois
- Iowa
- Kentucky