Court-Ordered Sale and Partition of Inherited Land in Illinois

Quick answer: If a co-owner (for example, a family member who inherited a parcel) refuses to list or sell an inherited parcel, Illinois law permits a co-owner to ask the circuit court to divide or force the sale of the property through a partition action. The court can order a physical division (partition in kind) when practical or a sale of the property and divide the proceeds among owners according to their legal shares.

Detailed answer — how the process works under Illinois law

This section explains the major steps, legal mechanics, and practical considerations for pursuing a partition sale in Illinois. This is written for someone with no legal background.

1. What legal tool applies?

The usual remedy is a civil court action called a partition. Under Illinois law, any co-owner of real property may bring a partition action to divide interests or force a sale. See the Illinois partition statutes: 735 ILCS 5/15-1 et seq. (Partition).

735 ILCS 5/15-1 and following (Partition)

2. Who can file and where?

Any person with a legal interest (title or recorded ownership) in the parcel can file.
The complaint is filed in the circuit court in the county where the property lies.

3. What does the complaint need to say?

At minimum, the complaint normally must identify the property (legal description), list all known co-owners and their claimed interests, explain why partition is requested, and ask the court to either divide the land or sell it and distribute the proceeds. The court will notify all co-owners and interested parties.

4. Partition in kind vs. partition by sale

Partition in kind: The court may physically divide the land if division is practical and fair. This is common with large parcels that can be split into separate lots.
Partition by sale: If dividing the land is not practical (small lot, single house, unequal value, or division would reduce value), a court typically orders a sale and divides the cash proceeds among owners by ownership share.

5. Practical court steps and timing

After filing, the court may appoint commissioners or a referee to inspect the property, make a report, and recommend division or sale.
If the court orders sale, it will set terms — often a public auction, but courts sometimes approve a private sale (often following a marketing process or realtor listing) if it is in the owners’ best interest.
Sale proceeds pay liens and mortgages in priority order, then costs of the action, and finally the net balance is distributed among co-owners in proportion to their shares.
Timeline varies. Even straightforward partition actions often take several months. Complex disputes, appeals, or contested title issues can extend the process to a year or longer.

6. Buyout and settlement alternatives

A co-owner may be able to buy out the other owners by paying the fair market value of their share. That can be faster and less costly than a court sale. Sometimes parties reach an agreed sale through negotiation or mediation. Courts will generally encourage negotiated resolutions before ordering a sale.

7. Costs and consequences

Filing fees, court costs, appraisal and commission fees, and possible attorney fees will reduce the distribution.
Liens, mortgages, or unpaid property taxes typically must be paid out of sale proceeds.
The court can, in some cases, award attorney fees or costs against a non-cooperating party, depending on the facts and local rules.

8. If the parcel is still part of a probate estate

If title is still in the decedent’s name and the estate is open in probate, the personal representative (executor or administrator) may need to seek court approval to sell estate real property. If the probate court has already distributed the property to heirs, those heirs may bring a partition action as described above.

How to start — a simple checklist

Confirm ownership: obtain a copy of the deed and run a title search to see all owners, liens, and encumbrances.
Collect documents: wills, probate paperwork, letters of office for executor/administrator (if applicable), mortgage statements, and tax bills.
Get an appraisal or market analysis so you understand value and each owner’s share.
Attempt negotiation or mediation first — document all offers in writing (offers to buy out, proposed listing terms, etc.).
If negotiation fails, consult a real property attorney about filing a partition complaint in the local circuit court.

When to hire an attorney

Partition actions involve procedural rules, title issues, lien priorities, and possible counterclaims. An attorney can prepare the complaint, handle service and notices, represent you in hearings, coordinate appraisals and commissions, and advise on settlement or buyout value. If the other owner is uncooperative or there are encumbrances or complex title questions, legal help is strongly recommended.

Helpful hints

Keep communications civil and in writing. Courts look favorably on parties who try to resolve disputes before litigation.
Document any offers you make to buy out the other owner and any responses. These records can be useful in court and for negotiating fees/costs.
Check for mortgages, tax liens, or judgments — these affect net proceeds and can complicate sales.
Consider appraisal and broker opinions early. If division is possible, knowing how a division affects value helps your case.
Be realistic about time and cost. Even a “forced” sale through court is not instantaneous and carries legal costs.
Ask whether your county court prefers auctions or will approve a realtor-assisted private sale. Local practice differs.

Where to learn more: Review Illinois partition law: 735 ILCS 5/15-1 et seq.. For county-specific procedures and forms, check the web site of the circuit court where the property sits or contact the clerk’s office.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different. Consult a licensed Illinois attorney about your specific facts before acting.