Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Illinois attorney.
Detailed answer: How to force a sale of an inherited interest in family land in Illinois
If you inherited an undivided interest in family land and co-owners will not agree to a buyout or voluntary sale, you can ask a court to force a partition (often a sale) under Illinois law. Illinois permits partition actions when two or more people hold property as co-owners. The action asks the Circuit Court in the county where the land is located either to divide the land physically (partition in kind) or, when division is impractical, to sell the property and split the proceeds among the owners.
Key Illinois statute: partition procedures are governed by the Code of Civil Procedure (see the partition provisions at 735 ILCS 5/15-1 et seq.). For the statute text, see: 735 ILCS 5/15-1 et seq. (Illinois Code of Civil Procedure, Partition).
Who can file?
Any person with a legal or equitable interest in the land can file a partition complaint. That includes owners, heirs who received an interest by will or intestacy, purchasers with recorded interests, and sometimes lienholders. The plaintiff must identify all known co-owners and claimants so the court can protect their rights.
Where and how to file
- File a partition complaint in the Circuit Court of the county where the property is located.
- The complaint must describe the property (legal description preferred), state each party’s claimed interest, and ask the court to order partition (in kind) or, if necessary, a sale and division of proceeds.
- Summons and service: Serve all known co-owners personally. For unknown or missing owners, Illinois civil procedure allows alternative service such as publication; the court will direct how unknown parties are notified.
Typical elements of a partition complaint
- Caption and parties (include all owners and their last-known addresses).
- Legal description of the property (from deed or title report).
- Allegations of ownership and type of co-tenancy (tenancy in common is common with inheritance).
- Statement that partition in kind is impracticable (if seeking sale) or request for partition in kind if feasible.
- Request for appointment of commissioner or referee to conduct any sale and for distribution of sale proceeds after liens, taxes, and costs.
What the court will consider
Illinois law prefers partition in kind (physical division) when it is fair and practicable. If physical division would materially diminish value or cannot be made fairly (for example, due to single-family home on a small lot), the court will order sale instead. The court may:
- appoint commissioners or referees to examine and value the property;
- order a partition in kind or a sale at public auction or by private sale approved by the court;
- direct how proceeds are distributed after paying liens, mortgages, court costs, and sale expenses.
Typical timeline and costs
A contested partition action can take several months to over a year depending on service issues, title complications, and court scheduling. Costs include court filing fees, service fees, title search fees, appraisals, the commissioner’s fees, and attorney fees (each party usually pays their attorney unless the court orders otherwise).
Steps you should take before and during the case
- Get a current title report or perform a title search to identify all owners and encumbrances (mortgages, liens).
- Try resolving the matter informally: demand letter, mediation, or offer to buy out co-owners.
- If informal options fail, prepare a partition complaint with legal description and proof of ownership and file in the county where the property lies.
- Serve all parties properly; ask the court to allow publication if owners cannot be located.
- Be prepared to provide appraisals, property surveys, and evidence of impracticability of physical division if requesting a sale.
- If the court orders a sale, follow the court’s procedures for advertisement, bidding, confirmation of sale, and distribution of proceeds.
Common complications
- Undisclosed heirs or missing owners — can delay the case and require publication service or special appointment of a guardian ad litem.
- Mortgages or tax liens — these are typically paid from sale proceeds in order of priority.
- Adverse possession or quiet-title claims — these can complicate ownership and may require additional litigation.
- Family disputes — courts sometimes encourage mediation before ordering a sale.
What to expect after a sale
After a court-ordered sale (public auction or confirmed private sale), the court will confirm the sale and order distribution of net proceeds to owners according to their ownership shares after paying liens, taxes, and costs. The court issues a distribution order and a deed to the purchaser when the sale is confirmed.
Helpful hints
- Start with a title search: identify all owners, creditors, and recorded interests before filing.
- Document attempts to negotiate a voluntary solution—courts like to see parties tried to settle first.
- Use a legal description from a recorded deed or the county recorder; addresses alone are not sufficient.
- Expect the court to prefer partition in kind when reasonable; be ready to explain why a sale is necessary.
- Get appraisal(s) early so the court and parties have reliable value estimates.
- Consider mediation; it can save time and money and preserve family relationships.
- Talk to an Illinois real estate or probate attorney to confirm strategy—especially if liens, unknown heirs, or potential title defects exist.
- Refer to the Illinois partition statute for the legal framework: 735 ILCS 5/15-1 et seq.
If you want, I can provide a plain-language checklist for the complaint or a sample list of documents to gather before you see an attorney.