Detailed answer — What to expect and how Illinois law treats partition cases

In Illinois, a partition action is a lawsuit one co-owner files to divide property owned by two or more people. The Illinois Code of Civil Procedure governs partition claims (see the Code of Civil Procedure, 735 ILCS 5/, for the statutory framework).

Two basic remedies exist in partition litigation:

• Partition in kind: physically dividing the land or dwelling if it can be divided fairly and practically.
• Partition by sale: selling the property and dividing the proceeds when division in kind is impractical.

Court preference generally favors partition in kind if the court finds the property can be fairly divided without substantial prejudice to any owner. If the property cannot be divided (for example, a single family home on one lot where division would destroy value), the court will usually order a sale and distribution of net proceeds. Courts also handle accounting for contributions (mortgage payments, taxes, repairs) and may grant credits or liens for unequal contributions.

Common defenses and legal positions you can raise

• Challenge the plaintiff’s title or standing. If the plaintiff does not actually own the claimed interest, the action can be dismissed.
• Argue that partition in kind is feasible. If you can show the house or lot can be divided without undue harm, ask the court to require partition in kind instead of sale.
• Seek an accounting and credits. If you paid more than your share of mortgage, taxes, insurance, or made substantial improvements, ask the court to credit those amounts against your share before splitting proceeds.
• Point to an agreement among owners. If co-owners agreed (verbally or in writing) about possession, sale timing, or buyout mechanics, the court may enforce that agreement and deny or delay sale.
• Assert equitable defenses: laches (undue delay), unclean hands, estoppel, or waiver. If the plaintiff acted unfairly or delayed unreasonably, a court may deny immediate sale or otherwise adjust relief.
• Request a buyout or mediation. Ask the court to allow a buyout of the plaintiff’s share or send the dispute to mediation to avoid forced sale.
• File counterclaims when appropriate (e.g., for waste or damage by the co-tenant, or accounting for rents collected if the property was rented).

Practical court tools and temporary relief

• Temporary restraining order or preliminary injunction: in narrow circumstances you can ask the court to pause a sale—e.g., to preserve the property or allow time for an accounting—but courts grant these only with good cause.
• Appointment of a receiver or commissioner: a court can appoint an officer to manage the property, collect rents, or handle sale logistics.
• Lis pendens and notice: a lis pendens (notice of pending litigation) may be filed to put buyers and lenders on notice that title is disputed.

How courts handle credits and reimbursements

Illinois courts routinely adjust distributions to reflect unequal contributions. Typical credits include payments for:

• Mortgage principal and interest
• Property taxes and insurance
• Necessary repairs and improvements
• Rent or value of use if one party occupied the property exclusively

Keep records—dated receipts, bank statements, cancelled checks, and contractor invoices—so the court can quantify any credits.

How a buyout often works

If you prefer to keep the home, propose a buyout: obtain an appraisal, subtract credits for contributions and debts, and calculate the buyout price equal to the other owner’s adjusted share. Courts may allow buyouts rather than sale when a willing buyer (a co-owner or third party) can pay a fair price.

Timing and immediate actions when served

1. Read the complaint carefully. Note deadlines for filing an answer and whether any emergency relief (e.g., TRO) is requested.
2. Preserve documents: deed, will or trust documents, death certificate, mortgage statements, tax bills, insurance, receipts for repairs or improvements, and any written agreements among co-owners.
3. Do not move out or modify the property without legal advice—you may reduce your bargaining position or harm your claim to occupancy credit.
4. Consider filing a timely answer or appearance to contest the case and preserve defenses. Missing response deadlines can lead to default judgment.

Where the case intersects with probate or trust matters

If the property passed through probate or a trust, the probate court’s orders and the terms of the will/trust affect ownership. Confirm title status before the partition proceeds. If estate administration is incomplete, inform both the probate court and the partition court; sometimes courts will stay partition until estate matters are resolved.

When to bring an attorney and what to look for

Hire an attorney experienced in Illinois partition and probate litigation when:

• Significant equity or complex title issues exist
• There are competing claims (wills, trusts, adverse possession)
• One party seeks immediate sale without accounting for contributions
• Settlement or buyout negotiations are necessary

An attorney can prepare pleadings, compute credit adjustments, negotiate buyouts, and represent you at hearings.

Where to find the statutory rules

The statutory framework for partition actions is found in the Illinois Code of Civil Procedure (see Chapter 735 of the Illinois Compiled Statutes). For the statutory text and related provisions, consult the Illinois General Assembly’s website: 735 ILCS 5/ (Code of Civil Procedure).

Bottom line: You have multiple defensive and negotiation options when a co-tenant sues to force the sale of an inherited home in Illinois. Quick action to preserve evidence, assert defenses, and seek legal help improves your chances of keeping the property or obtaining a fair payout.

Disclaimer: This is general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Illinois attorney.

Helpful hints

• Respond quickly — preserve deadlines to avoid default judgment.
• Gather all title and estate paperwork immediately (deed, will/trust, death certificate, probate filings).
• Document every payment you made for mortgage, taxes, utilities, insurance, and repairs with bank statements or receipts.
• Get at least one independent appraisal before negotiations or a court-ordered sale.
• Ask for mediation — courts often accept settlements that avoid a forced public sale.
• Keep the property insured and maintain it — neglect can reduce your recovery or support a claim against you.
• If you live in the home, keep records showing your occupancy and the fair rental value of the space.
• Consider whether probate or trust administration is incomplete; resolving estate issues first can simplify partition disputes.
• If a co-tenant has been receiving rent from a third party, ask the court for an accounting and possible offset.
• When offering or negotiating a buyout, use neutral appraisers and get terms in writing.