An Illinois divorce court must include the third party on the deed to a marital property if the Illinois court wishes to properly finalize the divorce. IICLE offers Illinois lawyers effective practice guidance and CLE credit in a variety of formats.Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. Petition rules vary from state to state. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally.