Illinois: Documents and Information to Start a Partition Case

Detailed Answer

This guide explains the typical information and documents an attorney will need to start a partition action in Illinois and how that information affects your case. A partition suit asks a court to divide or sell real property owned by two or more people who cannot agree on what to do with it. In Illinois, partition actions are governed by the Illinois Code of Civil Procedure (see 735 ILCS 5/19-1 et seq.). For the statute text, see: 735 ILCS 5 (Code of Civil Procedure).

What your lawyer must know right away

• Who currently owns the property (names exactly as shown on the deed).
• How each owner holds title (tenancy in common, joint tenancy, trust, LLC, probate estate, etc.).
• Why you want partition (sell, divide, buyout, stop co-owner conduct, collect rents).
• Any urgent problems (pending foreclosure, threats of sale, trespass, destruction, rents being withheld).
• Contact information for every co-owner and for any tenants, mortgagees, lienholders, or parties claiming an interest.

Essential documents to provide (bring copies if possible)

• Deed(s): The current recorded deed and any earlier deeds you have. If you do not have them, your attorney will obtain copies from the county recorder or abstractor.
• Title report / title insurance policy: Any title commitment or policy. If none exists, expect the attorney to order a title search.
• Mortgage and lien documents: Copies of mortgages, mechanic’s liens, judgment liens, IRS liens, or other recorded encumbrances.
• Property tax records: Recent tax bills, proof of tax payments, and any tax delinquencies or appeals.
• Leases and rent records: Signed leases, security deposit records, rent rolls, bank deposits showing rental income, and tenant contact info.
• Surveys, plats, and blueprints: Any boundary survey, site plan, or subdivision plat you have. These are especially important if you want a partition in kind (physical division).
• Insurance information: Declarations pages and claim records for property insurance.
• Improvements and maintenance records: Receipts, contracts, and photos showing repairs, improvements, or expenses paid for the property.
• Communications among owners: Emails, text messages, written offers, or settlement proposals showing the history of disagreement or attempted resolutions.
• Appraisals and valuations: Any recent appraisal, broker opinion of value, or market analyses.
• Identification and proof of authority: Government ID for the client; if acting for an entity, provide organizational documents (articles of incorporation, operating agreement) or trust documents; if acting for an estate, provide death certificate and letters of office.
• Probate or divorce papers: If ownership arises from probate or divorce, provide the relevant orders or settlements.
• Evidence of possession: Documentation showing who has occupied or controlled the property and when (photos, utility bills, keys, gate codes).

Helpful sample checklist (what to bring to your first meeting)

1. Copy of the recorded deed showing current owners.
2. Any title insurance policy or recent title commitment.
3. Mortgage statements and payoff information.
4. Property tax bills for the last 3–5 years.
5. All leases and records of rental income and expenses.
6. Photos of the property and any condition issues.
7. Any written offers or settlement communications among owners.
8. Contact info for co-owners and occupants.
9. IDs and documents showing your authority to act.

How your attorney will use these items

• Title and deed records establish who can be named as defendants and whether the property is subject to liens that must be addressed in a partition sale.
• Surveys and plats help the court decide whether a partition in kind (physical division) is practical or whether a sale is necessary.
• Leases and rent records determine occupancy, potential rent awards, and how sale proceeds will be divided.
• Communications and payment records may show contributions by particular owners for credits or reimbursements when proceeds are divided.

Practical Illinois-specific points

Under Illinois law the court may order partition in kind if it can be fairly made; if not practical, the court orders sale and division of proceeds. See the Illinois Code of Civil Procedure: 735 ILCS 5/19-1 et seq. Your attorney will review title and surveys to assess whether a division is physically feasible and cost-effective.

Typical timing and potential costs

• Initial document collection and title search: days to a few weeks.
• Filing through final resolution: often several months to over a year, depending on complexity, court schedules, and whether the case settles.
• Costs to expect: court filing fees, service fees, title and survey fees, attorney fees, fees for commissioners or referees, appraisal costs, and, if sold, real estate broker fees and closing costs.

When you might need additional documents or steps

• If the property is in a trust or LLC, provide trust instruments or operating agreements so the attorney can determine who has authority to act.
• If a co-owner died, provide probate paperwork and the decedent’s will or letters from the probate court.
• If boundary or easement disputes exist, the attorney may recommend a new survey and may gather witness statements or historic maps.
• If the property is income-producing, bring profit/loss records and tax returns to show income and expenses.

Example hypothetical (short)

Two siblings own a house as tenants in common. One sibling lives elsewhere and wants to force sale because the other refuses to sell or buy them out. The sibling seeking partition should give the lawyer the recorded deed, a recent property tax bill, any leases, photos of the property, records of mortgage payments, contact info for the co-owner, and any written offers or communications about selling. With those items an attorney can prepare and file the partition complaint and request the court to appoint commissioners or order a sale.

Helpful Hints

• Bring originals when you can, and provide clear copies. Your attorney will need complete, legible recorded documents.
• Get a current title report early — it often identifies unexpected lienholders or required parties you must include in the lawsuit.
• If a property survey is old, consider ordering a new survey before filing if you hope to pursue division in kind.
• Keep organized records of who paid what (mortgage, taxes, improvements). Courts may credit unequal contributions when dividing proceeds.
• If co-owners may negotiate, keep a record of settlement offers and counteroffers; courts like parties to try settlement before ordering sale.
• Expect the attorney to advise whether a buyout, negotiated sale, or partition suit best meets your goals — litigation is not always the fastest or cheapest option.
• If the property is subject to foreclosure, let the attorney know immediately; foreclosure can affect timing and remedies available in partition.

Disclaimer: This information is educational and general. It does not constitute legal advice, nor does it create an attorney-client relationship. For advice about your specific situation, consult a licensed Illinois attorney.