Illinois: How to Force a Sale or Partition of a Co-Owned House

Short answer: In Illinois you can ask a court to divide or force the sale of real property co‑owned by filing a partition action in the circuit court where the property sits. The court can either divide the property among owners (partition in kind) or order a judicial sale and divide the proceeds. Before filing, gather title documents, try a negotiated buyout or mediation, and consult a real estate attorney to prepare the complaint and handle court procedure.

What is a partition action?

A partition action is a court case brought by one or more co‑owners of real property asking the court to divide the property according to each owner’s share or to order its sale and divide the net proceeds. Partition is a statutory civil remedy handled in Illinois circuit courts.

Who can file and where to file

• Any person with a recorded legal interest in the property (deed owner, some lienholders) can normally file a partition complaint.
• File the complaint in the Circuit Court in the county where the property is located.
• The complaint must name all persons who have an ownership or record interest so the court can give them notice and an opportunity to respond.

Types of ownership and why it matters

• Tenancy in common: each owner has a divisible share. Partition is the routine remedy.
• Joint tenancy with right of survivorship: the joint tenancy may need to be severed before a partition in kind; courts still can adjudicate partition, but legal distinctions can affect timing and claims.

Typical steps to force a sale in Illinois

1. Document ownership and interests: gather the deed, title report if available, mortgage statements, property tax bills, and any written agreements among the owners.
2. Make a written demand and offer alternatives: send a demand letter asking the co‑owner to agree to sell, to accept a buyout, or to mediate. Courts expect parties to try to resolve disputes before litigation where reasonable.
3. Prepare and file a complaint for partition in the proper circuit court. The complaint must describe the property, state each party’s claimed interest, and ask the court for partition (in kind or sale) and related relief.
4. Serve all defendants with the complaint and summons according to Illinois civil procedure rules.
5. Pretrial matters: the court may order inventories, appraisals, and an accounting. Parties can ask for temporary relief (e.g., to preserve the property or stop one owner from removing occupants or personal property).
6. Commissioners or referees: if the court finds division in kind is impracticable, it will order a sale. Courts often appoint commissioners or sale officers to handle the sale process and report back to the court.
7. Sale and distribution: after sale, the court approves the sale, pays liens, taxes, and sale costs, and distributes the net proceeds among owners according to their shares, with credits or charges for mortgages, payments, improvements, or waste as the court determines fair.

What the court considers

The court decides whether physical division is practicable. If it is not (for example, a single house on a lot that cannot be split), the court is likely to order sale. The court also resolves disputes about who paid mortgage or tax obligations, who made improvements, and whether any party is entitled to an offset or accounting before proceeds are divided.

Practical evidence and issues you will need

• Recorded deed(s) and chain of title.
• Mortgage and lien information (who holds the mortgage, tax liens, mechanic’s liens).
• Records of payments you or others made for mortgage, taxes, utilities, repairs, or improvements.
• Valuation evidence: a recent appraisal or broker price opinion.
• Proof of any agreement between owners (written or, in some cases, admissible oral agreements).

Timeline and costs

Every case is different. A straightforward partition can take several months; contested or complex matters can take a year or longer. Costs include filing fees, service fees, appraisal and commission fees, possible sale costs, and attorneys’ fees (if you hire counsel). Courts may allocate costs and account for contributions to mortgage payments, taxes, and improvements when dividing proceeds.

Alternatives to filing suit

• Negotiate a buyout: If you can obtain financing (refinance) you may buy out the other co‑owner’s share.
• List and sell cooperatively: agree to list the property and split net proceeds.
• Mediation or settlement: use a neutral mediator to reach terms for sale or division without court.

Relevant Illinois authority

Partition actions are governed by Illinois civil procedure and court practice. The Illinois Code of Civil Procedure (the Illinois statutes that govern civil actions) provides the statutory framework used by courts for property and partition matters. You can review the Illinois Code of Civil Procedure at the Illinois General Assembly website: 735 ILCS 5 — Code of Civil Procedure (Illinois General Assembly). For local court rules, procedures, and filing requirements, check the web site of the circuit court where the property is located or the statewide Illinois Courts website: illinoiscourts.gov.

When to talk to a lawyer

Talk with an experienced Illinois real estate litigator or civil litigation attorney if any of the following apply: the title is complex, there are liens or mortgages, one party claims a larger equitable interest, there are allegations of waste or fraudulent transfers, or you need immediate court orders to protect the property or occupants. An attorney can draft the complaint, handle service, manage discovery, engage appraisers and commissioners, and present accounting and offset claims to the court.

Disclaimer: This article explains general Illinois procedures and is for educational purposes only. It does not constitute legal advice, and it does not create an attorney‑client relationship. For advice about your specific facts, consult a licensed Illinois attorney.