Partition Actions in Illinois | IL Legal Resources | FastCounsel

Options to Divide or Force Sale of Co-Owned Farmland in Illinois

Detailed Answer This article explains the practical and legal options available in Illinois when multiple heirs co-own farmland and cannot agree on what to do with it. It covers informal solutions, formal court remedies (including partition actions), and practical steps to protect value while you pursue a resolution. What governs a forced sale or division? […]

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How to Start a Partition Action in Illinois When a Co-Owner Refuses

Starting a Partition Action in Illinois: Step-by-Step FAQ for When a Co-Owner Refuses Quick answer: If a co-owner refuses to agree to divide or sell jointly owned real estate, you can force a division or sale by filing a partition action in the Illinois circuit court where the property lies. The process requires a clear […]

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How to Force a Partition Sale of an Inherited House in Illinois

Can a co-owner force a sale of a deceased parent’s house in Illinois? Short answer: If you and your sibling own the house as tenants in common (or otherwise as co-owners), you can ask an Illinois circuit court to order a partition. The court will try to divide the property physically if practical, but if […]

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Defending a Partition Action for an Inherited Home — Illinois

Defending a Co-tenant's Partition Lawsuit for an Inherited Home: An Illinois FAQ This FAQ explains practical defenses, immediate steps, and options available when a co-owner files to force the sale of an inherited Illinois property. It is written for non-lawyers. Detailed answer — What to expect and how Illinois law treats partition cases In Illinois, […]

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Illinois: What Happens If a Co‑Tenant Refinances or Takes a Home Equity Loan Without Your Approval

Can a co‑tenant refinance or take a home equity loan on inherited Illinois property without my approval? Short answer: Generally no — a co‑tenant cannot validly encumber your undivided ownership interest without your signature. If a co‑tenant signs a mortgage or refinancing agreement alone, that mortgage normally reaches only that co‑tenant’s ownership interest, not your […]

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Illinois: What remedies exist when a co‑owner sells property without the other owner’s agreement?

Can a co‑owner sell property without the other owner's consent? Legal remedies in Illinois Short answer: Under Illinois law, a co‑owner can generally convey only the share they own. A sale by one co‑owner without the other owner’s consent does not automatically transfer full title to the other co‑owner’s interest. The non‑selling owner has several […]

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Filing a Partition or Petition for Sale of Inherited Real Estate When Heirs Are Minors — Illinois Guide

Can I file a partition action or petition for sale of inherited real estate when some heirs are minors? Short answer: Yes — under Illinois law heirs (including minors) can be part of a partition action or a petition to sell real property. Courts treat minors differently: the court will require someone to represent the […]

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How to Force a Sale or Division of Co-Owned Family Land in Illinois

Can I force a sale or division of family land I own with siblings and their children? Short answer: Yes. Under Illinois law, any co-owner of real property can ask a court to divide the property or order its sale through a partition action. The court will try to divide the land in kind if […]

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How to File a Partition Lawsuit in Illinois When Co-Owners Can’t Agree

Detailed Answer: Filing a Partition Lawsuit in Illinois When Co-Owners Disagree Short answer: If co-owners of real property in Illinois (for example, tenants in common) cannot agree on how to divide or sell the property, any co-owner may ask a court to force a partition. The court can either divide the land physically (partition in […]

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How to File a Partition Action in Illinois to Force Sale of an Inherited Interest

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Illinois attorney. Detailed answer: How to force a sale of an inherited interest in family land in Illinois If you inherited an undivided interest in family land and co-owners will not agree to […]

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