Illinois: Forcing a Sale of Family Property When Some Co-Owners Refuse
Disclaimer: This is general information and not legal advice. Consult a licensed Illinois attorney about your situation. Detailed Answer Yes — under Illinois law, a co-owner can force a sale of real property when other co-owners refuse to sell by filing a court action called a partition. Illinois law governs partition actions through the Code […]
Read article →Illinois: Rights When a Co-Owner Holds a Life Tenancy and Lives on the Property
Detailed Answer If one co-owner of real property holds a life tenancy (a life estate) and is living on and occupying the property, that life tenant has the legal right to possess the property for the length of the life estate. Under Illinois property law, possession during the life tenant’s life belongs to the life […]
Read article →Illinois: Can a Life Tenant Continue Living in the House During a Partition?
Life Tenancy and Partition under Illinois Law: What a Life Tenant Needs to Know Short answer: Under Illinois law a person who holds a life estate usually retains the right to possess and occupy the property during the life estate. Co‑owners can still bring a partition action, but the court must respect the life tenant’s […]
Read article →Illinois — How to File a Partition Action for Inherited Property When Co‑owners Won’t Respond
Filing a partition action in Illinois when some inherited co‑owners won’t respond Detailed answer — what a partition action is and how it works in Illinois When you inherit real estate with one or more co‑owners, and the owners cannot agree about what to do with the property, a partition action is the court process […]
Read article →Illinois: What Happens When Co-Owners Disagree and a Court-Appointed Commissioner Handles a Private Sale?
Detailed Answer Short overview: When co-owners cannot agree, Illinois courts can resolve disputes by ordering partition. If the court finds sale is necessary, it may appoint a commissioner to sell the property. The commissioner can conduct a private sale when the court permits one, but the sale must follow court directions, satisfy statutory notice and […]
Read article →Illinois: Forcing the Sale of an Inherited Parcel When a Co-Owner Refuses to List
Court-Ordered Sale and Partition of Inherited Land in Illinois Quick answer: If a co-owner (for example, a family member who inherited a parcel) refuses to list or sell an inherited parcel, Illinois law permits a co-owner to ask the circuit court to divide or force the sale of the property through a partition action. The […]
Read article →Illinois: Paperwork Needed to Prove House Expenses in a Partition Case
Detailed Answer This article explains, in plain language, the paperwork you should gather and how to present it if you need to prove house-related expenses in an Illinois partition case. It does not give legal advice; it explains common practice so you can organize evidence and talk with a lawyer efficiently. What a court is […]
Read article →Illinois: How Mortgage Payments, Property Taxes, and Carrying Costs Affect Your Share of Sale Proceeds
Detailed Answer Disclaimer: This is general information only and not legal advice. For advice about your particular situation, consult a licensed Illinois attorney. Overview — What matters under Illinois law When a house is sold and two or more people claim a portion of the proceeds (for example, in a divorce or a partition among […]
Read article →Illinois: How to Force a Sale or Partition of a Co-Owned House
Detailed Answer — Forcing a Sale or Division When a Co-Owner Refuses to Cooperate (Illinois) Short answer: In Illinois you can ask a court to divide or force the sale of real property co‑owned by filing a partition action in the circuit court where the property sits. The court can either divide the property among […]
Read article →Illinois: Requiring a Co-Owner to Produce Mortgage Statements and Repair Receipts Before Dividing Sale Proceeds
Detailed Answer When co-owners sell real estate in Illinois, the default rule is that sale proceeds are divided according to each owner’s ownership share (for example, tenants in common by their percentage interests). But before the final division of proceeds, co-owners often disagree about who paid what for mortgages, taxes, insurance, repairs, or improvements. Under […]
Read article →