Can You Force a Co-Owner to Sell Inherited Property in Illinois?

When two or more people inherit property together, they do not always agree on what to do with it. One sibling wants to keep the family home. Another wants to sell and split the proceeds. A third lives out of state and does not want to deal with it at all. Nobody budges, and the property just sits there - costing everyone money in taxes, maintenance, and insurance while the disagreement drags on.

This situation is one of the most common real estate disputes we see. And the question at the center of it is always the same: can one co-owner force the others to sell?

In Illinois, the answer is generally yes - through a legal proceeding called a partition action.

What a Partition Action Does

A partition action is a lawsuit that asks a court to divide jointly owned property. Any co-owner can file one, regardless of how much of the property they own. A minority owner can force a sale against the will of the majority owners. You do not need the other co-owners' permission or cooperation to start the process. Courts do not deny partition simply because the majority of owners oppose a sale.

The right to partition is considered nearly absolute under Illinois law. Courts have consistently held that no co-owner can be forced to remain in an unwanted co-ownership relationship indefinitely. The legal framework is found in the Illinois Code of Civil Procedure, 735 ILCS 5/17-101 et seq., which governs partition actions in the state.

The goal is to give each owner the fair value of their share. How the court accomplishes that depends on the type of property and whether it can be physically divided.

Partition in Kind vs. Partition by Sale

Illinois courts recognize two primary ways to resolve a partition action.

A partition in kind divides the property itself. If the property is a large tract of land - farmland, for example - it may be possible to split it into separate parcels so each co-owner walks away with their own piece. Courts consider whether the property can be divided practically without destroying its value, whether the divided parcels would be roughly proportional to each owner's share, and whether any co-owner would be unfairly harmed by the division.

For most residential properties, partition in kind is not realistic. You cannot split a house in half. In those cases, the court will typically order a partition by sale - the property is sold, and the proceeds are divided among the co-owners according to their ownership shares.

Before a court orders a sale, it may consider whether one co-owner is willing and able to buy out the others. If one sibling wants to keep the family home and can afford to pay the others their share, that is often the cleanest resolution. But if no one can afford a buyout, or if the parties cannot agree on a price, the court moves toward a sale.

How the Process Works

A partition action starts with a complaint filed in the circuit court of the county where the property is located. The filing co-owner identifies all other owners and their respective shares.

If the co-owners cannot agree on the property's value, the court can appoint an independent appraiser. This takes the valuation dispute out of the parties' hands and gives everyone a neutral number to work from.

From there, the court will determine whether partition in kind is feasible or whether a sale is necessary. If the property is sold, the court oversees the process to ensure it is handled fairly. After the sale, proceeds are distributed according to each owner's share - minus any adjustments determined through the accounting process.

Accounting: How Contributions Affect the Split

In most partition cases, the proceeds are not simply divided by ownership percentage. The court conducts an accounting to adjust the distribution based on each co-owner's financial contributions to the property.

A co-owner who has been paying property taxes, insurance, mortgage payments, or necessary maintenance costs while the other co-owners have not contributed is typically entitled to a credit from the sale proceeds before the remainder is divided. Similarly, if a co-owner made improvements that increased the property's value - such as a new roof or updated electrical system - they may be reimbursed for those costs.

On the other side, a co-owner who has had exclusive use of the property may owe the other co-owners compensation for that occupancy. This is sometimes called occupation rent or fair rental value. If one sibling has been living in the inherited home rent-free while the others receive no benefit from the property, the court may require that sibling to account for the rental value they received.

In our experience, keeping detailed records of every payment you make toward the property - taxes, insurance premiums, repair bills, mortgage payments - is critical. If a partition action is filed, those records are the foundation of your accounting claim. Without documentation, it becomes much harder to prove what you contributed.

What Happens if There Is a Mortgage

When inherited property has an outstanding mortgage, the situation becomes more complex. The mortgage does not disappear when the original owner dies. It remains a lien on the property, and someone has to keep making payments or the lender can foreclose.

If one co-owner has been making the mortgage payments, that co-owner is generally entitled to credit for those payments in the accounting. If the property is sold through a partition action, the mortgage balance is paid off from the sale proceeds before the remaining amount is divided among the co-owners.

Co-owners should also be aware that falling behind on mortgage payments or property taxes while a co-ownership dispute drags on can result in foreclosure or a tax sale - outcomes that hurt everyone's interest in the property. This is one reason why unresolved co-ownership disputes carry real financial risk, and why acting sooner rather than later is often the better course.

The Uniform Partition of Heirs Property Act

Illinois adopted the Uniform Partition of Heirs Property Act (755 ILCS 75), which provides additional protections specifically for inherited property that qualifies as "heirs property" under the statute. The Act was designed to prevent forced sales at below-market prices that disproportionately affected families who inherited property without a will or formal ownership agreement.

When the Act applies, the court must follow a specific process before ordering a sale:

• Court-ordered appraisal - The court must order an independent appraisal to determine the property's fair market value, rather than relying on the parties' competing estimates
• Right of first refusal - Non-filing co-owners must be given the opportunity to buy out the filing co-owner's share at the appraised value before any sale can proceed
• Open-market sale required - If a sale is ordered, it must be conducted on the open market rather than by private auction, which typically results in a higher sale price

The Act applies when the property is held in tenancy in common and at least one co-owner acquired their interest from a relative. If your inherited property dispute involves heirs property, the UPHPA may significantly affect how the partition action proceeds and what protections you are entitled to.

What Co-Owners Should Know Before Filing

Partition actions are powerful, but they come with realities that co-owners should understand going in.

• The process takes time. Between filing, serving the other owners, getting an appraisal, and working through the court system, a partition action can take several months to over a year depending on how contested it is.
• It can affect family relationships. When the co-owners are siblings or other family members, filing a partition action can feel like an escalation - and it often is. That does not mean it is the wrong choice, but it is worth attempting negotiation first if there is any chance of reaching a voluntary agreement.
• The property may sell for less than you expect. Court-ordered sales do not always achieve full market value, particularly if the sale is forced and the parties are not cooperating on preparation, staging, or timing. A negotiated sale between willing co-owners almost always produces a better result than a court-ordered one.
• Litigation costs come out of the proceeds. Attorney fees, appraisal costs, and court expenses in a partition action can be significant. Those costs are typically paid from the sale proceeds, which means less money for everyone. Before filing, weigh the cost of litigation against what you stand to gain.

Tenancy in Common vs. Joint Tenancy

How co-owners hold title affects what happens when one owner dies and what rights the surviving owners have.

Most inherited property is held as tenancy in common. Each co-owner holds a distinct, transferable interest that can be passed down through a will or by intestate succession. If one co-owner dies, their share goes to their heirs, not automatically to the other co-owners.

Joint tenancy, by contrast, includes a right of survivorship. When one joint tenant dies, their share passes automatically to the surviving joint tenants - bypassing probate entirely. For a joint tenancy to exist in Illinois, the deed must explicitly state the intent, typically using the phrase "as joint tenants with right of survivorship."

The distinction matters because it determines who ends up owning the property after a death and whether a partition action is the right remedy. In most inherited property disputes involving siblings, the property is held as tenants in common, and partition is available to any co-owner who wants out.

When Negotiation Is the Better Path

Not every co-ownership dispute needs to go to court. In many cases, the co-owners can agree on a buyout price, a timeline for selling, or a plan for managing the property in the short term. We tell clients to try a written buyout proposal first. It costs nothing, and if it fails, it shows the court you made a good-faith effort before filing. A real estate attorney can help structure these agreements and make sure they are documented properly so the same dispute does not come back later.

But when one co-owner refuses to engage, will not agree to sell, or will not respond at all, a partition action may be the only way to move forward. Illinois law gives every co-owner the right to access the value of their ownership interest - and a partition action is the mechanism for enforcing that right.

For more information on inherited property disputes and co-ownership issues, visit our Partition Actions practice area page. If your inherited property has title issues that need to be resolved before it can be sold, our post on quiet title actions in Chicago explains how those are handled. And if the property dispute involves questions about what was or was not disclosed during a prior sale, see our guide on post-closing disclosure claims in Illinois.