What process allows a party to force sale of property through a partition hearing in Illinois? | Illinois Partition Actions | FastCounsel
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What process allows a party to force sale of property through a partition hearing in Illinois?

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer: Forcing a Sale Through a Partition Hearing in Illinois

Under Illinois law, co-owners of real property may not agree on how to manage or divide the property. In such cases, a co-owner can initiate a partition action in the circuit court to force a physical division or sale of the property. This procedure is governed by the Illinois Code of Civil Procedure at 735 ILCS 5/13-101 et seq.

1. Eligibility to File

Any person with a legal or equitable interest in the property—such as joint tenants, tenants in common, or life tenants—can file. The plaintiff must name all current co-owners and any interested lienholders as defendants.

2. Filing the Complaint

The plaintiff files a complaint in the circuit court of the county where the property lies. The complaint must:

  • Describe the property with a legal description.
  • Allege each party’s ownership interest.
  • Pray for partition in kind (physical division) or, if division is impractical or inequitable, a forced sale.

This step follows the requirements of 735 ILCS 5/13-104.

3. Service and Response

After filing, the plaintiff must serve each defendant with a summons and copy of the complaint. Defendants have 30 days to answer. They may contest:

  • Whether they are proper parties.
  • Allegations about ownership.
  • Whether physical partition is feasible.

4. Partition Hearing

If defendants answer or default, the court holds a hearing. The court will:

  • Verify the legal interests of all parties.
  • Assess if the land can be physically divided without prejudice (partition in kind).
  • Decide if a sale is more equitable under 735 ILCS 5/13-105, such as when the property is indivisible or values would be harmed by splitting.

5. Order of Sale

If the court orders a sale, it appoints a commissioner (often a court-appointed officer) to:

  • Advertise the property for sale according to court directions.
  • Conduct public bidding and accept the highest bid.
  • Report sale results to the court.
  • Distribute net proceeds among co-owners based on ownership shares after paying costs and liens.

The commissioner’s duties and sale procedures follow 735 ILCS 5/13-107 and related sections.

Helpful Hints

  • Consult an attorney early to evaluate whether partition or negotiation is best.
  • Gather deeds, mortgage documents, and title policies before filing.
  • Consider mediation or buyout offers to avoid court costs.
  • Be prepared for appraisal and valuation disputes.
  • Understand that sale proceeds distribution follows ownership shares after lien satisfaction.
  • Know that circuit court procedures and timelines vary by county.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.