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 a specific buyer depends on the circumstances: the court must be satisfied the sale is fair, provides adequate value to all parties, and protects lienholders and other interests. Courts often prefer an open (public) sale but will approve a private sale when it serves the parties’ interests and preserves value.

Detailed answer — how this works in Illinois partition cases

Partition actions in Illinois are governed by the Code of Civil Procedure and related case law. A partition action asks the court to divide co‑owned real estate (partition in kind) or, if division is impracticable or would cause prejudice, to order a sale and divide the proceeds among entitled parties. A sale is typically handled by an officer appointed by the court.

Appointment of a commissioner or similar officer

When a sale is ordered, the court has authority to appoint an individual (often called a commissioner, special commissioner, or master) to carry out the sale. The appointed person acts under the court’s direction: they may obtain an appraisal, advertise and conduct the sale, receive bids, sell the property (publicly or, where approved, privately), and then report the sale to the court for confirmation. The court retains final authority — the sale must generally be confirmed by the court before title transfers and proceeds are distributed.

Private sale vs. public sale — what courts consider

Courts in Illinois evaluate private-sale requests on their individual facts. Factors the court will typically consider include:

• whether a private sale will produce the best obtainable price for the co‑owners;
• whether the proposed buyer is a party or related to a party (courts examine potential conflicts and whether the sale is at arm’s length);
• whether adequate notice was given to all interested parties, lienholders, and creditors;
• whether an independent appraisal supports the sale price;
• whether the sale would avoid waste, preserve property value, or otherwise serve the equitable interests of the parties; and
• any statutory or procedural requirements that the court impose (e.g., bidding procedures, escrow and closing timelines).

If the court concludes a private sale is reasonable and not unfair to other parties, it can approve the private sale and direct the commissioner to complete it. If the court approves a private sale, it typically requires the commissioner to file a written report of the sale and may hold a confirmation hearing where other parties can object before title is cleared and proceeds are distributed.

Practical steps to request a commissioner and/or a private sale

1. File or be a party in the partition action. If you are initiating the action, your complaint should state the relief sought (partition in kind or by sale).
2. Move for appointment of a commissioner or include a proposed order asking the court to appoint one if sale is appropriate. Provide proposed duties and timelines.
3. If you want a private sale to a specific buyer, file a motion or written agreement asking the court to authorize a private sale and explain why it is in the parties’ best interests. Attach an appraisal or comparable sales evidence supporting the price.
4. Provide full notice to all co‑owners, lienholders, and other interested parties per the court’s rules and the court’s order. The court may require publication or direct notice depending on who is involved.
5. Be prepared for a confirmation hearing. The commissioner will report the sale, and the court will consider objections and either confirm, set aside, or modify the sale terms.
6. Address liens, mortgages, taxes, and closing requirements so the buyer receives marketable title (the court may require payoff arrangements or escrow).

Risks and common objections

Opposing parties often object to private sales that appear to favor one co‑owner or an insider buyer without demonstrable fair value. Common court concerns include:

• sales below market value without supporting appraisal or bidding process;
• inadequate notice to interested parties or creditors;
• conflicts of interest if the buyer is a co‑owner or related party; and
• failure to preserve or maximize estate value (e.g., selling quickly at a discount instead of marketing broadly).

Title, liens, and distribution

Even if the court approves a sale to a buyer, the court must ensure liens and mortgages are handled so the buyer receives the title they expect. The court will typically require proof of the lien status and provide for priority of claims from the sale proceeds before distributing the remainder to the owners. If a buyer wants clear title, they should insist on a court order that resolves liens or specifies how the closing will address them.

Where to check Illinois law

Partition procedures and the court’s power to order sale and appoint officers derive from the Illinois Code of Civil Procedure and supporting case law. For statutory text and related provisions, see the Illinois Compiled Statutes (Code of Civil Procedure) governing partition proceedings (see 735 ILCS 5, article on partition). You can review the statute collection on the Illinois General Assembly website: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=57.

Helpful Hints

• Get a recent independent appraisal before asking the court to approve a private sale. Courts rely on credible valuation evidence.
• Provide clear notice to all co‑owners and lienholders. Failure to notify can doom approval and later confirmations.
• Consider a written buyout agreement among co‑owners before or during the partition action — courts often approve voluntary agreements when they are fair and well documented.
• Request a detailed proposed order that limits the commissioner’s authority and sets deadlines, advertising requirements (if any), and reporting obligations.
• Be prepared to explain why a private sale is preferable to a public sale (avoidance of waste, unique buyer willing to pay fair price, preservation of value, etc.).
• Ask the buyer to agree to closing terms that protect the court and other parties (escrow for disputed amounts, payoff of known liens, and indemnities if appropriate).
• Consult a real estate litigator or attorney experienced in partition actions to draft motions, orders, and evidence; courts give weight to well‑supported requests.