Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In Illinois, co-owners of real property can seek a court-ordered partition to divide land when they cannot agree on its use or sale. The Partition of Real Property Act, 735 ILCS 5/7-101 et seq., governs this process.
1. Confirm Ownership and Legal Description
Begin by reviewing the deed or title to confirm all co-owners. Obtain a full legal description of the property from the county recorder’s office or your title company. Accurate descriptions prevent delays.
2. Draft and File the Petition
Prepare a petition for partition in the circuit court of the county where the property lies. Include:
- The names and addresses of all co-owners.
- A statement of each owner’s interest.
- The legal description and address of the property.
- The relief sought (partition in kind or sale).
File the petition and pay the required filing fees. See fee schedule at your county clerk’s office.
3. Serve Co-Owners
Provide each co-owner with a summons and a copy of the petition. Service methods include personal service or certified mail. Proper service ensures the court gains jurisdiction over all parties.
4. Participate in Court Hearings
The court schedules a status hearing. Parties may discuss voluntary agreements or request mediation. If no agreement emerges, the court appoints a referee or commissioner to oversee the partition.
5. Partition in Kind or Sale
Under 735 ILCS 5/7-109, the court decides whether to divide the property physically (partition in kind) or sell it and split proceeds. The court considers the property’s character and the owners’ best interests.
6. Final Decree
After division or sale, the court issues a final decree. For partition in kind, it assigns new deeds to each co-owner. For sale, the court directs distribution of sale proceeds after costs and lien payments. Record the decree with the county recorder to update titles.
Key Statute: Partition of Real Property Act, 735 ILCS 5/7-101 et seq.
Helpful Hints
- Obtain a title search to reveal liens or mortgages.
- Consult a surveyor for accurate boundary determinations.
- Attempt mediation before filing to reduce costs.
- Keep detailed records of communications and filings.
- Review county-specific filing fees and timelines.