A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
Illinois Complaint for Partition of Real Property is a legal document filed in the state of Illinois for the purpose of dividing or selling jointly owned real property among co-owners. This complaint is typically filed when co-owners cannot agree on the disposition of the property and seek a court order to force a partition. The process of partitioning real property involves determining each co-owner's share based on their interest in the property, which can be in the form of percentage ownership or as outlined in a previous agreement or will. Once the interests are established, the court will decide whether to physically divide the property or sell it and distribute the proceeds among the co-owners. There can be different types of Complaints for Partition of Real Property in Illinois, depending on the specific circumstances: 1. Partition in Kind: This type of complaint is filed when the property can be physically divided into separate portions and allocated to each co-owner in accordance with their share. The court may hire a surveyor or appraiser to determine the feasibility and fair allocation of the divided portions. 2. Partition by Sale: This complaint is appropriate when the property cannot be conveniently divided, or if the co-owners unanimously agree to sell the property rather than divide it. In such cases, the court will order the sale of the property and appoint a neutral third party, usually a real estate agent or auctioneer, to handle the sale process. The proceeds from the sale will be divided among the co-owners in proportion to their ownership interests. 3. Accounting for Costs and Expenses: In some instances, co-owners may file a complaint for partition of real property along with a request for an accounting of the costs and expenses associated with the property's management and maintenance. This allows the court to ensure that each co-owner is reimbursed for their fair share of expenses incurred during the co-ownership. 4. Third-Party Claims: Sometimes, a complaint for partition may involve third-party claims that exist against the property, such as liens or mortgages. In such cases, the court will consider these claims in the partition process and ensure they are addressed before the proceeds are distributed to the co-owners. It is important to consult with a qualified attorney experienced in real estate law to determine the most appropriate type of complaint for partition of real property in Illinois. The attorney will guide co-owners through the legal process, ensuring their rights and interests are protected throughout the case.
