Detailed Answer

If you inherited real estate in Illinois with relatives who refuse to cooperate, you can ask a court to divide (partition) the property. A partition action forces a final division of rights in the land when co-owners (tenants in common or joint tenants) cannot reach agreement. This article explains, in plain language, how a partition lawsuit typically works in Illinois and what steps you should take to protect your interests.

What law governs partition actions in Illinois?

Partition actions are handled under Illinois civil procedure and decided by the Illinois Circuit Court where the property is located. For the statute framework and related rules, see the Illinois statutes and local court rules. The Illinois General Assembly publishes state statutes here: Illinois Compiled Statutes (ILCS). For practical filing information and forms, see the Illinois Courts website: Illinois Courts.

Basic options a court can order

Partition in kind: The court divides the physical property among the owners when a fair physical division is feasible.
Partition by sale: The court orders the property sold (often at auction or through a supervised sale) and divides the net proceeds among the owners according to their ownership interests.
Buyout: One owner is ordered (or allowed) to buy out the other owners at a court-determined price instead of selling to a third party.

Step-by-step: How to start a partition lawsuit in Illinois

Confirm ownership and your legal status. Collect the deed, will, trust documents, probate orders, or other records that show who owns what share. If the property passed through probate, get certified copies of probate documents and the recorded deed. If you are a tenant in common, you generally have the right to seek partition.
Try to settle first. Courts expect parties to try resolving disputes before filing suit. Offer mediation, a written buyout proposal, or a meeting with an appraiser. A written demand letter explaining your position and a proposed solution can help if the case goes to court.
Choose the proper forum and prepare a complaint. If settlement fails, prepare a Complaint for Partition and file it in the Illinois Circuit Court in the county where the property is located. The complaint should identify the property by legal description, state each owner and their share, describe attempts to resolve the problem (if any), and request that the court partition the property or order a sale and distribute proceeds.
Name all interested parties and serve them. You must join every person or entity with an interest in the property—co-owners, lienholders, mortgagees, and anyone else with a recorded interest—so that the court can determine rights and distribute proceeds. Proper service of process is required; the court will not proceed without it.
Ask the court for interim relief if necessary. If the property is being damaged, rented out, or if one co-owner is excluding you or taking money from the property, you can ask the court for temporary orders (for example, to stop waste, require an accounting of rents, or to place proceeds in escrow).
Appraisals and commissioners. If the court determines partition in kind is impractical, it usually orders a sale and appoints a commissioner or referee to handle valuation, sale, and distribution. The court often orders one or more appraisals to determine fair market value.
Accounting and liens. The court will resolve outstanding mortgages, taxes, assessments, and liens before dividing proceeds. If one co-owner paid more than their share for upkeep or mortgage payments, the court can account for that in dividing proceeds.
Sale and distribution. After sale costs, liens, and court-ordered credits are paid, the net proceeds are divided according to ownership shares or as the court orders. The court issues a final order (and a referee’s report, if applicable) that allows distribution and clears title for buyers.

Typical timeline and costs

There is no fixed timeline—some partition actions take months; contested, complex cases can take a year or more. Costs include court filing fees, service fees, appraisal fees, commissioner or referee fees, title searches, and attorneys’ fees. Courts may order the parties to pay costs proportionally or as justice requires.

Common complications in Illinois partition cases

Disputed ownership or unclear title (requires quiet title or related actions).
Mortgages, tax liens, or other encumbrances that must be paid or foreclosed.
One co-owner claiming adverse possession, homestead exemption, or another defense.
Small parcels or properties that cannot be divided practically—makes sale more likely.

What you should gather before filing

Collect these items so your attorney (or you, if filing pro se) can prepare the complaint and exhibits:

Recorded deed(s) showing the legal description and chain of title.
Probate papers, wills, or trust documents if the property came through an estate or trust.
Mortgage statements, tax bills, homeowners association documents, leases, and insurance policies.
Records of payments for taxes, mortgage, maintenance, or improvements by any co-owner.
Any written communications or settlement offers with the other owners.

Where to file

File the Complaint for Partition in the Illinois Circuit Court in the county where the land is located. Each circuit court has its own local rules and filing procedures, so check the local court’s website or contact the clerk for filing instructions and forms. Visit the statewide portal for court contacts: Illinois Courts.

Should I hire an attorney?

Partition actions involve complex title issues, lien priorities, and equitable defenses. Hiring an attorney with experience in Illinois real estate and litigation will save time and reduce risk of errors. If the value of the property is small, compare likely legal costs to expected recovery to decide whether to pursue a contested partition.

Where to learn more and find forms

Check the Illinois Courts website for self-help resources and local circuit court forms. For statutory framework and related provisions, consult the Illinois statutes available from the Illinois General Assembly: https://www.ilga.gov/legislation/ilcs/ilcs.asp.

Important practical example (hypothetical)

Imagine three siblings inherit a 60-acre tract as tenants in common: A owns 50%, B owns 25%, C owns 25%. B refuses all offers to sell or divide. A can file a partition lawsuit in the county where the land is located, ask the court to order an appraisal and a partition by sale, and request the court appoint a commissioner to sell the tract and split the proceeds 50/25/25 after paying liens and sale costs. If A wants to keep the land, A could offer to buy B and C’s shares at a court-ordered valuation.

Disclaimer

This information is educational only and not legal advice. Laws change and every situation is different. For advice about your exact circumstances, consult a licensed Illinois attorney experienced in real estate and partition actions.

Helpful Hints

Start by gathering title documents, probate files, deeds, mortgage statements, and tax bills—these are essential.
Try a written settlement offer and mediation before filing; courts favor attempted resolution.
File in the circuit court where the property sits. Contact the clerk in that county for local filing rules.
Expect appraisals and a commissioner/referee to be used if the court orders a sale.
Check for mortgages and liens early—these are paid before owners receive sale proceeds.
Get a professional appraisal so you can evaluate buyout offers or settlement proposals.
Consider whether the likely net recovery justifies lawyer fees and court costs; sometimes a negotiated buyout is cheaper and faster.
If one co-owner is damaging the property or withholding rents, ask the court for interim relief immediately.
Use the Illinois Courts site for contacts and local court rules: https://www.illinoiscourts.gov.
For statutory text and legislative materials, consult the Illinois General Assembly site: https://www.ilga.gov/legislation/ilcs/ilcs.asp.