Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer
When multiple heirs inherit real estate in Illinois, they become co-owners (co-tenants). Each co-tenant holds an equal right to possess and use the entire property, regardless of whether one heir resides there or another prefers to sell.
Right to Possession and Use
Under Illinois law, every co-tenant has the right to occupy the whole property. No co-tenant may exclude another from entering or using the premises. 735 ILCS 5/15-110.
Use and Occupancy Costs
If one co-tenant lives in the property exclusively, they must account to the non-occupying co-tenant for a fair share of rent or “use and occupancy” upon demand or after a partition action. Courts calculate reasonable value based on rental rates in the area.
Partition Action
When heirs disagree, any co-tenant can file a partition action under the Illinois Code of Civil Procedure. The court may order a partition in kind (physical division) if feasible or a sale of the entire property with proceeds divided among co-tenants. See 735 ILCS 5/15-101 et seq..
Buyout Option
As an alternative, co-tenants may negotiate a buyout. The occupant can purchase the other heir’s share at fair market value. A written agreement can avoid court costs and delays.
Costs and Liabilities
Co-tenants share responsibility for property expenses—taxes, insurance, maintenance—in proportion to their ownership shares. The occupying heir must reimburse others for their share of these costs or face claims in partition proceedings.
Helpful Hints
- Document any agreements on occupancy, rent, or buyouts in writing.
- Obtain a current property appraisal to set fair market values.
- Keep detailed records of expenses, improvements, and payments.
- Consider mediation to resolve disputes before filing suit.
- Consult a real estate attorney experienced in Illinois partition law.