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Illinois Property Law: A Word on Partition Proceedings

In a partition lawsuit, all of the parties who have an interest must be sued. See 735 ILCS 5/17-103.  The suit must be filed in the county where the property is located. See 735 ILCS 5/17-101.  When jurisdiction over everyone is established, the judge appoints a commissioner to investigate the property. See 735 ILCS 5/17-106.  For things like farm land, the commissioner can easily see how the property should be divided.  If needed, an appraiser may be used.  If, in the end, the parties cannot settle, it will be held for sale and the proceeds divided, after deducting the petitioner’s attorney’s fees.  A partition in kind is when the property is divided.  This is more common in farm land situations.  Partition by sale is used when the property is sold and the proceeds are divided.  This is more common in residential situations.

The complaint is filed in the county where the property is located.  The complaint must “particularly describe the premises sought to be divided, and shall set forth the interests of all parties interested therein, so far as the same are known to the plaintiffs, including tenants for years or for life, and of all persons entitled to the reversion, remainder or inheritance, and of every person who, upon any contingency, may be or become entitled to any beneficial interest in the premises, so far as the same are known to the plaintiffs, and shall ask for the division and partition of the premises according to the respective rights of the parties interested therein, or, if a division and partition of the same cannot be made without manifest prejudice to the owners, that a sale thereof be made and the proceeds divided according to the respective rights of the parties.” [emphasis added.] See 735 ILCS 5/17-102.

Disclaimer:
"This blog is for informational purposes only and is not intended to create an attorney-client relationship. It is recommended that you speak to an attorney licensed in your jurisdiction before relying on the information in this blog."

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