How to Force the Sale of Co-Owned Property in Illinois

Short answer: In Illinois you can force a sale by filing a partition action in the circuit court where the property sits. The court can order a partition in kind (divide the land) or a partition by sale. If the co-owner refuses mediation, suing for partition is the standard legal pathway to compel a sale or a buyout.

Detailed Answer

What a partition action is: A partition action is a civil lawsuit one co-owner files to divide or sell jointly owned real estate. Illinois law governing partition actions is part of the Illinois Code of Civil Procedure. The court’s options typically include:

Partition in kind — physically divide the property when practical.
Partition by sale — sell the property and divide the proceeds among owners according to their ownership shares.
Allow a buyout — the court may permit one co-owner to buy out the other(s) at a fair value.

For statutory background, see the Illinois Code of Civil Procedure (partition provisions): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2068&ChapterID=60

When the court orders sale vs. division

The court prefers a partition in kind when it will fairly divide the property without destroying value. If a fair division is impractical or would reduce the property’s value (common with a single-family house on one lot), the court will usually order a sale and divide the proceeds. The judge looks at the physical feasibility of dividing the land, fairness among owners, and whether division would prejudice any owner’s interest.

Typical steps to force a sale

Confirm your legal ownership interest (deed, title report, mortgage records).
Attempt written settlement or a final demand for sale or buyout (helps the court see you attempted resolution).
File a partition complaint in the county circuit court where the property is located. The complaint names all co-owners and asks the court to partition the property.
Serve the co-owners with the complaint and follow court rules for pleadings and responses.
The court may appoint a referee or partition commissioner to examine the property, manage sale logistics, and carry out the sale if ordered.
If the court orders sale, the property is marketed and sold (often at public auction or private sale under court supervision). Sale proceeds pay liens, costs, and then distributed based on ownership shares.

Practical considerations and timing

Partition lawsuits can take several months to a year or more depending on complexity, liens, pending appeals, and court schedules. If the property has a mortgage, the mortgage remains due; sale proceeds usually pay off secured debts first. You may ask the court for interim relief — e.g., injunctive orders to prevent waste, or orders requiring a co-owner to pay insurance, taxes, or a share of mortgage payments while the case proceeds.

Costs and risks

Litigation costs include court filing fees, attorney fees (unless a statute or agreement shifts fees), appraisals, and commissioner fees. A forced sale may yield a lower net sale price than a voluntary market sale, and the timing is uncertain. Also, courts can allocate costs and attorney fees between parties in some circumstances.

Alternatives to suing for partition

Negotiate a buyout where one co-owner pays the other’s fair share.
Agree to sell privately and split proceeds (avoids court costs and delay).
Use mediation or arbitration if both parties will participate — but your question states mediation was refused by the co-owner.

When to consider immediate court action

File promptly if a co-owner is damaging the property, removing assets, failing to pay the mortgage or taxes, or otherwise causing a loss in value. You can request emergency relief from the court to prevent waste or preserve the property’s value.

Where to find the law and local rules

Illinois statutory framework for civil procedure (including partition provisions) is available from the Illinois General Assembly: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2068&ChapterID=60

For court forms, filing procedures, and local rules, check the Illinois Courts website: https://www.illinoiscourts.gov/

Helpful Hints

Gather documents now: deed, title report, mortgage statements, tax bills, insurance policies, rental or lease agreements, and records of expenses and improvements.
Get a current appraisal or market valuation to support buyout or division calculations.
Keep a written record of all communication with the co-owner. Document refusals to mediate or sell.
Consider a written demand for buyout or sale before filing suit; it can help in court to show you attempted resolution.
Ask the court for interim orders if your co-owner is threatening the property’s value (e.g., to stop demolition or prevent removal of fixtures).
Check for liens and unpaid taxes early—these affect proceeds and can complicate a sale.
Be realistic about costs and timing: court-ordered sales often take longer and cost more than voluntary sales.
Talk with a licensed Illinois attorney about strategy, local practice, and whether attorney fees can be recovered in your situation.

Disclaimer: This article explains general Illinois law and common practice and is NOT legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Illinois attorney.