Partition Agreement Sample With Sale In Illinois
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A partition action must be initiated with a verified complaint filed in the circuit court of the county where the land is located. 735 ILCS 5/17-101. The verified complaint needs to include a particular description of the premises sought to be divided.
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
When a person dies in Illinois, anyone who has a claim against a decedent's estate —whether it is a contract, tort, or statutory custodial claim—may file that claim with the estate representative or with the court.
You submit court forms and other documents for your case by filing them. In Illinois, online filing (e-filing) is mandatory for most people. If you need help e-filing, you can call the Clerk of the Circuit Court's Customer Service Call Center at (312) 603-5030 or Illinois Court Help at (833) 411-1121.
Upon death, the person's interest passes to the other joint owner(s).
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
The terms and conditions of joint tenancy must be specified in the property deed. If one of the tenants sells or transfers their ownership interest, it will be considered a breach of the joint tenant agreement, as it will change the status to tenants in common.
Joint Tenancy In Illinois A joint tenancy can be undone by either spouse if they convey any portion of their share to a third party. Neither spouse will need the permission of the other spouse to make this conveyance and revert the property to a tenancy in common.
If partition by sale is ordered by the court, then the co-owned land will be sold, and under court supervision if necessary. It can be sold by the co-owners at a private sale or at a public auction, and the proceeds of the sale are split ing to each co-owners percentage ownership of the real property.