Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
Under Illinois law, co-owners of real estate may seek a court-partition when they cannot agree on how to divide or manage the property. Partition actions fall under the Illinois Code of Civil Procedure, 735 ILCS 5/15-1201 et seq. (735 ILCS 5/15-1201).
1. Filing the Complaint
- Prepare a Complaint for Partition identifying all co-owners, the legal description of the property, and the type of partition sought (in kind or by sale).
- File the complaint with the circuit court clerk in the county where the property lies. Pay the statutory filing fee.
2. Serving Co-Owners
- Serve each co-owner (defendant) with a summons and copy of the complaint by a licensed process server or sheriff. Service must comply with 735 ILCS 5/2-203.
- Allow 30 days for each defendant to file an answer or other responsive pleading. A default judgment may follow if a co-owner fails to respond.
3. Appointment of Commissioner
- After period to answer expires, move the court to appoint a commissioner under 735 ILCS 5/15-1206.
- The court issues an order naming a neutral commissioner to manage the partition process.
4. Partition Procedures
- The commissioner inspects the property, coordinates appraisals, and notifies co-owners of hearings.
- If the land divides fairly, the commissioner makes a partition in kind. Otherwise, the commissioner schedules a public sale (735 ILCS 5/15-1208).
- After sale, the commissioner collects proceeds, pays liens and costs, and files a final report and accounting with the court (735 ILCS 5/15-1209).
- Co-owners have 30 days to object to the commissioner’s report. The court then confirms or adjusts the report and issues a distribution order per ownership interests (735 ILCS 5/15-1224).
5. Consenting to Partition
- If all co-owners agree, file a joint petition for partition listing each owner’s consent.
- Attach signed consent forms or stipulations to the petition.
- The court issues a consent order appointing a commissioner. The commissioner follows the same procedures for division or sale.
Helpful Hints
- Conduct a title search before filing to identify all interests and liens.
- Discuss in-kind partition vs. sale based on property type and family dynamics.
- Consider mediation to resolve disputes and avoid litigation costs.
- Monitor statutory deadlines for answers and objections strictly.
- Maintain clear communication with the court-appointed commissioner.
- Budget for appraisal, advertising, and commissioner fees.