How to confirm your ownership percentage in Illinois real property before it’s sold

Short answer: Locate the recorded deed and any later recorded instruments (deeds, trust documents, beneficiary/transfer-on-death instruments), read how title is vested, and — if the deed doesn’t specify shares — get a title search or consult a real estate/estate attorney or title company to confirm the legal ownership percentage and any restrictions on sale. This article explains each step in plain terms and shows where to look in Illinois.

Detailed answer — step-by-step

1. Find the recorded deed

The recorded deed is the primary document that shows how the parents hold title. Deeds are kept by the county recorder/recorder of deeds where the property is located. You can search online or visit the recorder’s office in person and request a copy.

Search the county recorder/recorder of deeds web site for the county where the property sits. (If you do not know the county, check the property tax or assessor website.)
If you can’t find an online copy, ask the recorder for a certified copy of the deed.

Useful Illinois resources:

Illinois Courts (general guidance on probate and title issues): https://www.illinoiscourts.gov/
Illinois General Assembly (statutes and legal code): https://www.ilga.gov/
Illinois Secretary of State — county office links: https://www.cyberdriveillinois.com/departments/counties/home.html

2. Read the deed for vesting language

Look for phrases that tell how title is held. Common wording and what it usually means:

“Tenants in common” — each named owner owns an individual share. The deed sometimes specifies each person’s percentage (for example, “as tenants in common, 60% to A and 40% to B”). If the deed says “tenants in common” but does not list percentages, the practical presumption in many situations is that the owners share equally, but you should confirm with a title professional because evidence or later transfers can change shares.
“Joint tenants with right of survivorship” or similar language — when one owner dies, ownership typically passes automatically to the surviving joint tenant(s). Joint tenancy normally implies equal shares while all joint tenants are alive.
“Tenancy by the entirety” (for married couples in some circumstances) — the married couple holds title as one legal unit; one spouse cannot sever this type of ownership unilaterally in many cases. This prevents separate shares that a third party can claim until death or divorce.
Deed that expressly states percentages — if the deed lists shares (for example, “50% to A and 50% to B” or “70% to A and 30% to B”), the stated percentages control unless a later recorded instrument changed them.

3. Look for later recorded documents that change ownership

Even if an old deed shows a certain ownership split, later recorded deeds, quitclaim deeds, trustee deeds, transfer-on-death deeds, or trust conveyances may change ownership. Check the recorder index for any documents recorded after the deed.

4. Check whether the property is in a trust or subject to a beneficiary deed

If the parents transferred the property into a living trust, the trust, not the individual deed in their names, governs who controls or gets the property. Similarly, Illinois recognizes instruments that transfer property on death (beneficiary/transfer-on-death deeds); those will be recorded and should be located in the recorder’s records.

5. Confirm whether a power of attorney was used to transfer property

An agent acting under a valid durable power of attorney can sometimes sign deeds on behalf of a principal while the principal is alive. If a deed was signed by an agent under POA, the recorder’s office may have that instrument or notarized POA attached. Note: a power of attorney is not effective after the principal dies.

6. Review public records that can help identify current ownership

Look at property tax bills, assessor records, mortgage statements, and county treasurer accounts. These records list the names of current owners and can help confirm whether the property has been transferred or if liens exist.

7. Get a title search or title insurance commitment

A title company can perform an owner’s title search or issue a preliminary title report. That search finds recorded deeds, mortgages, liens, easements, and any documents that affect ownership. A title company can also explain the current ownership percentages reflected in the chain of title.

8. If records are unclear, consult an Illinois real estate or probate attorney

If the deed language is ambiguous, if there are conflicting documents, or if trust/probate issues are involved, an attorney can: request certified copies of relevant documents, interpret vesting language, advise whether the ownership shares are equal or specified, and represent you if litigation or probate is necessary.

9. Example scenarios (how percentages are often determined)

Deed names two people “as tenants in common” and the deed does not list shares: many practitioners treat this as equal shares (50/50), but it is safest to verify the full title history for any transfers changing those shares.
Deed names three people “as tenants in common” with no percentages: commonly interpreted as equal shares (one-third each), unless other recorded evidence indicates different proportions.
Deed names parents “as joint tenants with right of survivorship”: each owner generally holds an equal share (for two owners, typically 50/50) while both are alive; if one parent dies, the survivor usually acquires full ownership automatically.
Deed specifies percentages: use the stated percentages (e.g., 70% / 30%).

When ownership may not be obvious

If parents gave one child an interest by private agreement but never recorded a deed, the unrecorded agreement does not change recorded title — a recorded deed controls. You may need an attorney to assert unrecorded rights.
If the property was transferred into a trust, the trustee’s authority and the trust document determine who may sell.
If one parent has died and the other parent is the surviving joint tenant, the recorded title after death (or an affidavit of survivorship and updated deed) will reflect the change; check for recorded death certificates or transfer documents.

How to calculate your percent interest (practical rules)

If the deed explicitly states percentages, use them.
If the deed describes “tenants in common” but does not state shares, assume equal shares among the named owners for an initial estimate, then confirm with a title search or attorney.
If the deed describes “joint tenancy” or “joint tenants with right of survivorship,” the share is typically equal among the joint tenants while all are alive.
If a trust or beneficiary instrument controls, your interest will be determined by the trust or beneficiary designation, not by an earlier deed in your parents’ names.

Helpful hints — quick checklist

Get a certified copy of the current recorded deed from the county recorder.
Search the recorder’s index for any later deeds, quitclaims, or trust conveyances.
Check property tax and assessor records for the owner name(s).
Obtain a title search or a title company preliminary report for a clear chain of title.
Ask your parents for copies of any wills, trusts, powers of attorney, or beneficiary deeds.
If you find ambiguous or conflicting documents, consult an Illinois real estate or probate attorney and consider getting a court-declared clarification if necessary.
Remember: unrecorded agreements rarely affect recorded title. Always prioritize recorded instruments when confirming legal ownership.

When to hire a lawyer

Consider hiring an Illinois real estate or probate lawyer if:

Deed language is unclear or multiple recorded documents conflict.
You discover transfers that you did not expect (deed signed using a POA, quitclaim deed, or a deed into a trust).
The property may be subject to probate proceedings or disputes among heirs.
You need a formal legal opinion, courtroom action, or quiet title suit to resolve competing claims.

Final practical tips

Talk to your parents early and ask to review the deed and any estate-planning documents.
A title report is often the fastest way to get a clear, professional summary of recorded ownership and encumbrances.
Keep copies of everything you find: deeds, tax bills, title reports, and correspondence.

Disclaimer: This article provides general information about how to confirm ownership shares in Illinois real property. It is not legal advice. Laws and procedures change and every situation is different. For advice about your specific circumstances, contact a licensed Illinois attorney or a title company.