Detailed answer — your options under Illinois law

When someone asks an Illinois court only to sell a house without proposing buyout terms, you have several legal and practical options. Which path makes sense depends on whether this is a divorce/dissolution of marriage matter (marital property) or a dispute between co-owners (a partition). Below are the common routes and what to expect under Illinois law.

1. Understand the legal framework that applies

– Divorce / marital property: Illinois courts divide marital property equitably under the Illinois Marriage and Dissolution of Marriage Act. A court can order sale of the marital residence and divide proceeds, or it can order one spouse to buy the other’s interest. See the statute governing distribution of property: Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5). For the statute text see: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59

– Co‑owners / partition: If co-owners cannot agree, Illinois law allows an action for partition. The court can order a partition in kind (rare for houses) or a sale and divide the proceeds among owners. See Illinois Code of Civil Procedure provisions on partition actions (735 ILCS 5). For the statute text see: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1804&ChapterID=50

2. Procedural options to force the issue or preserve your position

– File a written response or answer. If you are a respondent/defendant, respond in court filings and state that you object to a sale without buyout terms. Request alternative relief (e.g., court-set buyout, appraisal, temporary exclusive possession).

– Move for appraisal or valuation. Ask the court for an order requiring an appraisal so the court can determine fair market value before deciding whether a buyout is feasible.

– Ask the court to set buyout terms. File a motion asking the court to either set a buyout price or to specify the method for calculating each party’s share of equity (appraisal value minus liens and selling costs). In dissolution proceedings, the court has authority to divide marital assets equitably and can set buyout terms as part of the property decree (see 750 ILCS 5).

– Seek temporary/exclusive possession or support orders. In divorce cases, you can request temporary orders for exclusive possession of the residence or for payment of mortgage and carrying costs while the case is pending.

3. Settlement paths (often the fastest and least costly)

– Propose a buyout package. Offer a concrete buyout plan: an appraisal, the formula you will use (equity = appraised value – mortgages – closing costs), proof of your financing or lender pre-approval, and a timeline for closing.

– Mediation or settlement conference. Courts commonly require or encourage mediation to work out buyout terms or a coordinated sale plan. A mediated agreement that sets buyout terms avoids uncertainty and court costs.

4. If the court orders a sale without buyout terms

– Protect your financial interests. If the court orders a sale, the usual steps are to obtain court approval of the sale terms, pay off liens, and split net proceeds. You may still be able to ask the court to determine and reserve allocation of proceeds for specific claims (e.g., credit for mortgage payments you made after separation).

– Petition for distribution details. After a sale order, ask the court for a further order that establishes how net proceeds will be allocated, including credits for contributions, repairs, taxes, and mortgage payments made by each party.

5. Evidence and practical steps to strengthen your position

• Get a professional appraisal. A current, court‑admissible appraisal reduces disputes about value.
• Gather documents: mortgage statements, title report, property tax bills, receipts for repairs, proof of who paid what and when.
• Provide proof of financing if you offer to buy out the other party (pre-approval or lender commitment).
• Prepare a clear buyout formula so the court or mediator can easily apply it.

6. Timing and costs

Litigation to force buyout terms can be slow and expensive. Courts may prefer sale if parties cannot reach agreement. Mediation and a clear buyout offer often yield faster, cheaper results. If the other side wants only sale and you want a buyout, propose a short, reasonable timeline for appraisal and negotiation to keep costs down.

How courts typically calculate a buyout in Illinois

While judges have discretion in divorce and partition cases, common practice is:

1. Determine market value (appraisal).
2. Subtract mortgages, liens, unpaid taxes, and reasonable sale costs to find net equity.
3. Allocate net equity according to the court’s property division rules (in divorce, equitable division under 750 ILCS 5). The court may award credit for non-monetary contributions or unequal financial contributions.
4. If one party buys out the other, set a buyout price equal to the buyer’s share of net equity and order payment or lien release at closing.

Relevant statute for equitable distribution: Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59

Relevant statute for partition actions: Illinois Code of Civil Procedure (735 ILCS 5) — partition of real property: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1804&ChapterID=50

When to hire an attorney

Hire an attorney if any of the following apply:

• You and the other party cannot agree on valuation or allocation.
• Significant mortgage debt or tax issues exist.
• You need temporary possession or emergency relief (e.g., to prevent a sale or foreclosure).
• There are complicated contributions, improvements, or business interests tied to the property.

An attorney can draft motions to preserve your rights, negotiate buyout terms, arrange a fair appraisal, and represent you at hearings or mediation.

Helpful hints — quick checklist

• Respond in writing and on time to any court papers.
• Get a professional appraisal early.
• Collect mortgage statements, tax records, receipts for repairs, and title documents.
• Consider mediation before asking the court to decide.
• If proposing buyout, include a financing statement or lender pre‑approval.
• Ask the court for temporary orders to protect your possession or payment obligations while the case proceeds.
• Keep careful records of who paid the mortgage and property expenses after separation.
• Understand sale costs (real estate commissions, closing costs) will reduce net proceeds.