Detailed Answer: How to force a sale or seek a buyout using an Illinois partition action

Short answer: In Illinois, a co-owner (for example, an adult child who owns a share of a house inherited from parents) can ask a Circuit Court to divide jointly owned real property by filing a partition action under Illinois law. If the court finds physical division is impractical, it can order a sale and divide the net proceeds among owners. The court can also facilitate or order a buyout: one co-owner can pay other owners their shares based on fair market value instead of forcing a sale.

Key legal authority

Partition actions in Illinois proceed under the Illinois Code of Civil Procedure. See the partition provisions: 735 ILCS 5/ (Code of Civil Procedure, partition provisions). (This article summarizes typical steps and issues. It is not legal advice.)

Who can file a partition action?

Any person who owns an undivided interest in real property as a tenant in common or co-owner may file for partition.
If the property is still titled in a deceased parent’s name and the estate is unresolved, the right to partition may be affected by probate. If title has passed to heirs (for example, through probate or deed), those owners can bring partition.

Step-by-step process to file a partition action in Illinois

Confirm ownership and title form. Check the deed. If the house is held as tenants in common, co-owners have partition rights. If it is joint tenancy with right of survivorship, ownership may have passed directly to surviving co-owners and partition rules differ.
Try to resolve it informally first. Offer a buyout, mediation, or agree to list the house for sale and split proceeds. Courts often expect parties to try negotiation before costly litigation.
Get a current market appraisal. An independent appraisal establishes fair market value and helps calculate an appropriate buyout amount or estimate net proceeds from a sale.
Demand letter. Send a written demand that explains your position (sell, buyout, or division) and gives the co-owner a reasonable time to respond. Keep records of communication.
Prepare and file a complaint for partition in the Circuit Court. File in the county where the property is located. The complaint must name all co-owners and any lienholders. The court will require a legal description of the property and the plaintiff’s claimed share.
Serve all parties. All co-owners, lienholders, and any interested parties must be properly served with the complaint and given opportunity to respond.
Court procedures and possible interim orders. The court may issue temporary orders requiring payment of taxes, mortgage payments, insurance, or maintenance costs while the case proceeds. The court may also appoint a commissioner or master to help implement a sale.
Hearing and remedies. At hearing, the court decides whether partition in kind (physically dividing land) is practicable. For a house on a single lot, division in kind is usually impractical, so courts commonly order partition by sale. The court can also approve a buyout if a co-owner offers to purchase the other interests at a fair value.
Sale and distribution. If the court orders sale, it will direct how the sale occurs (often by commissioner or sheriff). From the gross sale proceeds, the court deducts liens, taxes, costs of sale, and court-ordered expenses, then distributes net proceeds to owners according to their ownership shares.

How a buyout works

A buyout lets one co-owner keep the property by paying the other owners their fair share. Steps include:

Obtain a reliable appraisal or market analysis.
Calculate the co-owner’s share of equity = (market value minus liens and sale costs) × ownership percentage.
Offer that amount in writing and document the transaction with a deed and settlement closing if the co-owner accepts.
If the other owner refuses, a court-ordered partition may still allow the buyer to purchase the property at a court-determined price or to let the court order a sale and the buyer bid at sale.

How mortgages, liens, and taxes affect a partition action

Liens and mortgages remain attached to the property. The court typically ensures liens are paid from sale proceeds. If a mortgage exists and payments lapse during litigation, lenders may foreclose. Co-owners exposed to mortgage liability should address the loan early (refinance, assume, or bring payments current).

Probate and estate issues

If the house remains an asset in an open probate estate, the personal representative generally controls estate property subject to probate court approval. Filing a partition while probate is active can complicate matters. Consult the probate file or an attorney to determine whether the property has passed to heirs or remains estate property.

Timeline and costs

Partition actions vary. Simple negotiated buyouts take weeks to months. Litigated partition actions often take many months and sometimes over a year. Costs include court filing fees, service fees, appraisal and broker fees, attorney fees, and sale expenses. Courts can sometimes allocate costs between parties.

When a court might NOT order sale

If co-owners can agree to a division in kind and the court finds it fair and practical.
If the property cannot be practically divided and one co-owner can present a legally persuasive alternative (for example, immediate buyout at a fair price).
When the property is part of a pending probate case and the probate court needs to resolve ownership first.

Practical outcomes for a sibling dispute

If you want the house sold and your sibling refuses, you can file for partition. The court may order sale and split proceeds. If you prefer your sibling to buy you out, present a written buyout offer supported by an appraisal. If they refuse, the court sale is likely. Be aware courts weigh fairness: they will deduct liens and selling costs and will divide net proceeds by ownership shares.

Where to file and find forms

File a partition complaint in the Circuit Court for the county where the property is located. Many county court websites provide local filing procedures and contact information. For statutory guidance, see the Illinois Code of Civil Procedure partition provisions: 735 ILCS 5/ (partition provisions).

When to hire an attorney

Consider hiring a lawyer when:

Multiple owners or lienholders complicate the title.
Probate or estate administration issues exist.
You face hostile co-owners or complex facts (mortgages, tax liens, unresolved creditor claims).
You need to preserve rights (prevent unauthorized sale, force preservation of property, or seek interim payments for taxes and maintenance).

Helpful Hints

Confirm ownership now: pull the deed at the county recorder or online to see how title is held.
Get an appraisal early. A clear value estimate helps negotiations and court-time decisions.
Document all communications in writing—offers, demands, and refusal to cooperate.
Consider mediation before filing. Courts favor voluntary resolution and mediation can be cheaper and faster than litigation.
Address mortgages immediately. Missing payments can trigger foreclosure that undermines your position in partition litigation.
If you live in the house and pay expenses, keep detailed records—courts may account for contributions when dividing proceeds.
Ask the court for temporary orders to require co-owners to pay taxes, insurance, or maintenance if they are not cooperating.
Remember sale expenses (real estate commissions, closing costs, and court-ordered expenses) will reduce net proceeds to owners.

Disclaimer: This article explains general Illinois law and common procedures but is not legal advice. Laws change and facts matter. Talk to a licensed Illinois attorney to review your specific situation before filing a lawsuit or signing legal documents.