Illinois Complaint for Partition of Real Property

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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.

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A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

The bottom line is that the Partition of Real Property Act allows co-owners of property a much easier way to buy out their co-owners. Owners of property that is resided in by their co-owner now have a nicer way to ask that their co-owners to buy them out or move on so that everyone can obtain their equity.

Iowa is the only Midwest state with this law, which passed in 2018. Other states that have passed the UPHPA are Alabama, Arkansas, Connecticut, Georgia, Hawaii, Montana, Nevada, New Mexico, Texas and South Carolina.

The Uniform Partition of Heirs Property Act governs the partition of inherited property. The purpose of the Act is to protect heirs from unscrupulous speculators who acquire a small partial interest in real property owned by a group of heirs and then force the sale of the property at a below-market price.

Historically, the term "partition" comes from the basic word to break into "parts" as in physically dividing real estate in half. For example, if two siblings inherited ten acres of farmland, the property could historically be divided into five acres a piece for each of them.

A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

The Uniform Partition of Heirs Property Act (UPHPA) helps preserve family wealth passed to the next generation in the form of real property. If a landowner dies intestate, the real estate passes to the landowner's heirs as tenants-in-common under state law.

How to Force the Sale of Jointly Owned Property (step-by-step) 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.

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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 ... A co-owner of a piece of property can file a complaint in the county in which the property sits to seek partition. They must name as a defendant every party ...This is a Court Sample and NOT a blank form. Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. To bring a partition action, a landowner must bring a complaint before the Court in which the real estate is located. ... The Court will then ascertain the rights ... Jun 12, 2018 — In a partition lawsuit, all of the parties who have an interest must be sued. See 735 ILCS 5/17-103. The suit must be filed in the county ... We can initiate disciplinary proceedings against the Real Estate Appraiser Professional's license or the Appraisal Management Company. • Real ... May 24, 2023 — File a petition to partition or a partition action — It has to be filed in the court where the real estate is located, and all co-owners have to ... The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The ... Feb 13, 2023 — What do I want to be the outcome of the partition suit? – Be clear with your lawyer, in the complaint, and with the other co-owners about what ... If the court finds that the whole or any part of the premises sought to be partitioned cannot be divided without manifest prejudice to the owners thereof and is ...

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Illinois Complaint for Partition of Real Property