Can a co-owner force a sale of a deceased parent’s house in Illinois?

Short answer: If you and your sibling own the house as tenants in common (or otherwise as co-owners), you can ask an Illinois circuit court to order a partition. The court will try to divide the property physically if practical, but if that is infeasible it can order a sale and divide the net proceeds between owners according to their ownership shares. The process begins by filing a partition action in the county where the property is located.

Detailed answer — Understanding partition under Illinois law

Step 1 — Confirm how title is held: The first and most important step is to check the deed and chain of title for the property. Illinois law treats co-ownership differently depending on how title is held:

If the property is held as joint tenancy with right of survivorship, the interest of a deceased owner typically passes automatically to the surviving joint tenant(s) and a partition claim may no longer be available against the survivor who already owns the property outright. Check the deed and any recorded documents.
If the property is held as tenants in common (or another form of co-ownership without survivorship), each co-owner has an undivided interest that can be partitioned by court action.
If the deceased owner’s interest is still in probate (i.e., title did not vest because the estate needs closing), you may need to resolve the probate/title transfer before, or at the same time as, a partition action.

Step 2 — Legal basis and statutes: In Illinois, partition actions are governed by the Illinois Code of Civil Procedure (partition statutes found in the Illinois Compiled Statutes). The typical statutory mechanism is called a partition action. For the official text and locating the relevant sections, see the Illinois Compiled Statutes (ILCS) site: https://www.ilga.gov/legislation/ilcs/ilcs.asp

Step 3 — Types of partition the court may order:

Partition in kind (division): The court prefers to divide land physically among owners when it can be done fairly without significantly reducing value. That works for large parcels that can be split into usable parts.
Partition by sale: If physical division is impractical or would materially diminish value, the court will order a sale (usually a public sale or judicial sale) and divide the proceeds among owners after paying liens, taxes, and court-ordered costs.

Step 4 — How the process typically works:

File a complaint for partition in the circuit court where the property is located. The complaint must identify the property, the parties, the nature and extent of each party’s interest (if known), and the relief requested (division or sale).
Serve all interested parties. Everyone with a recorded or claimed interest (co-owners, lienholders, mortgagees, the estate representative, etc.) must be named and served.
Preliminary steps and possible agreements. The parties can agree to sell the property privately, buy out each other’s share, or agree on a method of division. Courts encourage settlement. If you and your sibling can negotiate a buyout or private sale, that is usually cheaper and faster than litigation.
Court-appointed commissioners or referees. If the parties cannot agree, the court often appoints commissioners (or a referee) to examine title, value the property, and report whether a partition in kind is practical.
Hearing and order. After reports and possibly hearings, the court will enter an order for partition in kind or a sale. If the court orders sale, it will direct how the sale is conducted (public sale, sheriff’s sale, or sale under terms set by the court) and how costs and liens are paid.
Distribution of proceeds. Net proceeds are divided according to ownership shares, after paying mortgages, liens, taxes, commissions, and court costs. The court can adjust shares for unequal contributions, improvements, or other equitable considerations when supported by evidence.

Step 5 — Time, costs, and practical considerations:

Partition cases can take several months to over a year, depending on complexity, title issues, probate status, and whether the case is contested.
Costs include filing fees, service fees, appraisal or commissioner fees, possible realtor/sale costs, and attorney fees (each party generally pays their own counsel unless the court orders otherwise).
Court-ordered sales can sometimes yield lower prices than an agreed private sale; courts often allow parties to sell privately if they can show a fair price and procedures to protect other owners.

Special issues when a parent dies

Probate and title: If the decedent’s interest is still part of an estate in probate, a personal representative may need to be involved. The estate’s interest must be listed in the partition case so the court can protect creditors and heirs.
Survivorship vs. inheritance: If the deed was joint tenancy and the surviving co-owner inherited by survivorship, there may be no estate interest left to partition. Confirm whether title already passed by survivorship.
Mortgage and liens: Outstanding mortgages or liens remain attached; a sale will need to pay them off from sale proceeds. Sometimes lenders will demand payoff before closing a partition sale.
Occupancy and rent: If one co-owner lives in the house, the court can award rent or an occupancy credit so that the occupant does not unfairly benefit.

Alternatives to a forced partition

Negotiate a buyout: One sibling buys the other’s share at an agreed or appraised value.
Private sale: Co-owners agree to list and sell the property and split proceeds.
Mediation: Use a neutral mediator to negotiate ownership transfer, sale terms, or distribution of proceeds.

When to talk to an attorney

Consider consulting an Illinois real estate or civil litigation attorney if any of the following apply:

Title is unclear or there may be survivorship rights.
Probate is still open or the estate claims an interest.
There are mortgages, liens, or tax issues attached to the property.
Your co-owner won’t cooperate and you want to pursue a partition action.
You want to negotiate a buyout or need help documenting an agreement.

Helpful hints

Locate and review the recorded deed and any subsequent transfers to confirm how ownership is held (joint tenancy vs. tenancy in common).
Search public records for mortgages and liens; a title report or title company search is often worth the cost.
Check whether a probate case is open for your father’s estate; obtain the estate papers or talk with the personal representative.
Get a professional appraisal before negotiating a buyout so you know the fair market value.
Consider mediation before filing suit — courts prefer settlement and it saves time and money.
If you file for partition, be prepared for costs: appraisal fees, commissioner fees, attorney fees, and sale costs can reduce net proceeds.
Document contributions (mortgage payments, taxes, repairs) you or your sibling made after your father’s death; the court can consider these when dividing proceeds.
Ask the court about sale procedures and timing — sometimes the court allows a private sale on terms that protect co-owners’ interests.

Relevant resource: See the Illinois Compiled Statutes (partition provisions found in the Illinois Code of Civil Procedure) at the Illinois General Assembly website: https://www.ilga.gov/legislation/ilcs/ilcs.asp

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Illinois procedures and common issues so you can better understand your options. For advice tailored to your situation, contact a licensed Illinois attorney who handles partition and real estate matters.