Can a Court Appoint a Commissioner to Approve a Private Sale in an Illinois Partition Action?
Quick answer Yes — under Illinois law a court presiding over a partition action can appoint a commissioner (sometimes called a special commissioner or master) to handle the sale of property. Courts commonly appoint commissioners to manage sales, receive bids, and report back to the court. Whether the court will approve a private sale to […]
Read article →Illinois: Negotiating a Buyout With a Co‑Owner Instead of Court Partition
Can you settle with a co‑owner instead of a court partition in Illinois? Short answer: Yes. In Illinois, co‑owners of real property can negotiate and complete a buyout of one owner’s interest without filing a partition action. Courts provide a partition remedy if owners cannot agree, but the law does not prevent voluntary buyouts. This […]
Read article →How to Force Sale of Inherited Co-Owned Land in Illinois
Detailed Answer If you own real property jointly with other heirs and cannot agree on selling it, Illinois law provides a court process called a partition action that lets one co-owner force a sale or division. The Partition provisions of the Illinois Code of Civil Procedure allow a co-owner to ask a court to either […]
Read article →Illinois: Asserting a Right of Survivorship to Claim Surplus Foreclosure Funds
Can you assert a right of survivorship under a deed to get a larger share of surplus funds? Disclaimer: This is general information and not legal advice. Consult a licensed Illinois attorney about your situation. Short answer Possibly — but it depends on the deed language, the timing of death(s), who owned title at the […]
Read article →Arranging a Property Survey for Co-Owned Land in Illinois
Step-by-step FAQ: Arranging a Survey for Co-Owned Property in Illinois This FAQ explains, in plain language, how two co-owners can arrange a property survey in Illinois and what to expect. This is educational only and not legal advice. Detailed Answer — How to get a survey for property you co-own If you and a sibling […]
Read article →Illinois — Who Pays for a Property Survey When Co-Owners Disagree?
Who pays for a property survey when co-owners disagree? Short answer: Usually the person who requests the survey pays for it unless the co-owners have an agreement, a contract or court order that allocates the cost. If co-owners cannot agree, an Illinois court (in a partition or boundary dispute) can order a survey and apportion […]
Read article →Keeping an Inherited House in Illinois: Can Multiple Heirs Keep the Home?
Can multiple heirs keep a inherited house in Illinois? FAQ and practical steps Disclaimer: This article is educational only and is not legal advice. If you need legal help, consult a licensed Illinois attorney about your specific situation. Detailed answer When several heirs inherit a house in Illinois, they become co-owners (tenants in common unless […]
Read article →Illinois: Partition Actions When a Co-Owner Is Adjudicated Incompetent and Has a Court-Appointed Guardian
How Illinois Courts Handle a Partition When a Co-Owner Is Adjudicated Incompetent with a Court-Appointed Guardian Short answer: In Illinois, a co-owner can begin a partition action even if a co-owner has been adjudicated incompetent. The guardian of the incompetent co-owner must be served and participates on the ward’s behalf. The court will protect the […]
Read article →Starting a Partition Action in Illinois: How to Divide or Sell Real Estate When Co‑owners Disagree
Partition lawsuits in Illinois: overview and practical steps Short disclaimer: This article is educational only and not legal advice. If you need legal help, consult a licensed Illinois attorney before taking action. Detailed Answer When two or more people own the same real property and cannot agree on what to do with it, Illinois law […]
Read article →How to Buy Out Siblings’ Interests in Co‑Owned Property in Illinois
Detailed Answer Disclaimer: This is general information and not legal advice. For advice about your specific situation, contact a licensed Illinois attorney. Overview — how a buyout usually works in Illinois If you and your siblings co-own a home, you can keep the house by arranging a buyout: you pay each sibling fair value for […]
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