Disclaimer: This is general information and not legal advice. Consult a licensed Illinois attorney about your situation.
Detailed Answer
Yes — under Illinois law, a co-owner can force a sale of real property when other co-owners refuse to sell by filing a court action called a partition. Illinois law governs partition actions through the Code of Civil Procedure (see 735 ILCS 5/7-101 et seq.). The court can either divide the land among co-owners (partition in kind) or order a sale and divide the proceeds (partition by sale) when a physical division is impractical.
Key points you should know:
- Who can bring a partition action? Any co-owner of record (for example, owners who hold title as tenants in common or joint tenants) may file. The action typically names all persons who hold an interest in the property so the court can resolve competing claims.
- Types of ownership matter. Owners who hold title as tenants in common each own a divisible share and commonly use partition. Joint tenancy with right of survivorship can often be partitioned as well; a partition action generally severs the joint tenancy so the court can divide or sell the property.
- Court preference: division first. Courts generally prefer a division in kind (physically dividing the property) if it is fair and feasible. When division would be impractical, inequitable, or would significantly reduce value, the court may order a sale and split the proceeds among owners according to their ownership shares.
- How the sale works. If the court orders sale, it usually appoints a commissioner or other officer to market and sell the property (often at public sale or private sale under court supervision). The commissioner pays liens, mortgages, taxes, sale costs, and court-ordered fees, then distributes net proceeds according to ownership interests.
- Effect of liens and mortgages. Liens and mortgages on the property are typically paid from sale proceeds prior to distribution to owners. A secured mortgage may give the mortgage holder rights that affect how and when proceeds are distributed.
- Practical alternatives to court. Courts encourage co-owners to negotiate: buyouts, mediated settlements, or listing the property for sale with proceeds divided can save time and legal fees. A formal demand to buy or sell, appraisal, or use of a mediator may resolve disputes without litigation.
- Timing and costs. A partition action can take months or longer depending on complexity, valuation disputes, title issues, liens, and court schedules. Expect filing fees, attorney fees, appraisal costs, and commissioner/sale costs. Courts sometimes award or allocate fees based on conduct and equities.
- Situations that can complicate partition: probate matters, trusts, pending bankruptcy by an owner, life tenancy or leases, or statutory protections (for example, certain homestead or occupancy rights). Those matters can delay or change outcomes in a partition action.
Statutory reference (Illinois): see the Illinois Code of Civil Procedure provisions on partition actions (parties, procedure, and sale) at 735 ILCS 5/7-101 et seq. For the text of the statutory chapter, see the Illinois General Assembly’s site: 735 ILCS 5 — Code of Civil Procedure (Partition provisions).
Typical steps to force a sale in Illinois
- Confirm ownership type and gather title documents, deeds, mortgages, and liens.
- Obtain a current appraisal or market analysis to know the property’s value.
- Try negotiation: propose a buyout, offer to pay the dissenting owners for their shares, or suggest mediation.
- If negotiation fails, consult an Illinois real property attorney about filing a partition action in the county where the property is located.
- The attorney files the complaint naming all owners and interested parties. The court may order notice to the parties and interested lienholders.
- The court determines whether partition in kind is feasible; if not, it orders a sale and appoints an officer to handle sale and distribution.
- After sale, liens and court-approved costs are paid; net proceeds are distributed according to ownership shares or court order.
When to consult an attorney
Consult an attorney promptly if:
- You don’t know how title is held or who has an interest.
- The property has mortgages, unpaid taxes, or other liens.
- Family dynamics are contentious and you want to explore alternatives (buyout, mediation, negotiated sale).
- There are complicating legal matters (probate, trust, bankruptcy, leases, or homestead/occupancy claims).
Helpful Hints
- Start by reviewing the deed to see whether the title is held as tenants in common, joint tenants, or in a trust. That affects strategies.
- Get an independent appraisal before making offers or filing suit. Equitable allocation depends on accurate value information.
- Try documented negotiations (emails, letters) and mediation first. Courts often view reasonable settlement efforts favorably and litigation is costly.
- Be prepared for time and expense. Partition actions can take many months and involve multiple court appearances and reports.
- If you expect a sale, keep records of payments you made for taxes, repairs, or mortgage obligations — you may have claims for reimbursement from sale proceeds.
- Notify mortgage holders early. A lender’s interests normally must be addressed before proceeds are distributed.
- If a co-owner has exclusive possession, the court may consider that in allocating proceeds or equitable adjustments.
Useful statutory reference: Illinois partition statutes (735 ILCS 5/7-101 et seq.) are available from the Illinois General Assembly: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=62.
Next steps: gather title documents and a recent appraisal, then speak with a licensed Illinois real estate attorney to review your options and the likely outcome in your county.