Illinois Compiled Statutes
735 ILCS 5/12-112 (2026)
What liable to enforcement
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(735 ILCS 5/12-112)
(from Ch. 110, par. 12-112)
Sec. 12-112. What liable to enforcement. All the lands, tenements, real
estate, goods and chattels (except such as is by law declared to be exempt)
of every person against whom any judgment has been or shall be hereafter
entered in any court, for any debt, damages, costs, or other sum of money,
shall be liable to be sold upon such judgment. Any real property, any
beneficial interest in a land trust, or any interest in real property held in a revocable inter vivos trust or revocable inter vivos trusts created for estate planning purposes, held in
tenancy by the entirety shall not be liable to be sold upon judgment
entered on or after October 1, 1990 against only one of the tenants, except if
the property was transferred into tenancy by the entirety with the sole intent
to avoid the payment of debts existing at the time of the transfer beyond the
transferor's ability to pay those debts as they become due.
However, any income from such property shall be subject to garnishment as
provided in Part 7 of this Article XII, whether judgment has been entered
against one or both of the tenants.
If the court authorizes the piercing of the ownership veil pursuant to
Section 505 of the Illinois Marriage and Dissolution of Marriage Act or Section
805 of the Illinois Parentage Act of 2015, any assets determined to be those of
the non-custodial parent, although not held in name of the
non-custodial parent, shall be subject to attachment or other provisional
remedy in accordance with the procedure prescribed by this Code. The court may
not authorize attachment of
property or any other provisional remedy under this paragraph unless it has
obtained jurisdiction over the entity holding title to the property by proper
service on that entity. With respect to assets which are real property, no
order entered as described in this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien holders who
acquire their interests in the property prior to the time a notice of lis
pendens pursuant to this Code or a copy of the order is placed of record in the
office of the recorder of deeds for the county in which the real property is
located.
This amendatory Act of 1995 (P.A. 89-438) is declarative of existing law.
This amendatory Act of 1997 (P.A. 90-514) is intended as a clarification
of existing law
and not as a new enactment.
(Source: P.A. 99-85, eff. 1-1-16.)
Notes of Decisions
Cited in 40
cases (7 in the last 5 years), 1995–2025 · leading case: Premier Prop. Mgmt., Inc. v. Chavez, 728 N.E.2d 476 (Ill. 2000).
Premier Prop. Mgmt., Inc. v. Chavez, 728 N.E.2d 476 (Ill. 2000). “Defendants filed a motion to dismiss Premier's complaint under section 2-619 (735 ILCS 5/2-619 (West 1996)) of the Code of Civil Procedure (735 ILCS 5/1-101 et seq.”
Voiland v. Gillissie (In Re Gillissie), 215 B.R. 370 (Bankr. N.D. Ill. 1997). “After requesting additional briefing concerning the recent amendment to 735 ILCS 5/12-112, the Court took the matters under advisement.”
People v. Stewart, 2022 IL 126116 (Ill. 2022). “”); 735 ILCS 5/12-112 (West 1998) (“This amendatory Act of 1997 (P.”
In re Est. of Aryeh, 2021 IL App (1st) 192418 (Ill. App. Ct. 2021). “¶ 37 According to the tenancy by the entirety provision of the Code of Civil Procedure (Code) (735 ILCS 5/12-112 (West 2018)), holding property in tenancy by the entirety protects spouses in that the property cannot be sold to satisfy the debt of only one spouse.”
In Re Tolson, 338 B.R. 359 (Bankr. C.D. Ill. 2005). “Schedule C was subsequently amended twice by the DEBTOR to assert additional exemptions in the real estate under 750 ILCS 65/22 and 735 ILCS 5/12-112, each for “100%.” 1 Neither the Chapter 7 Trustee nor any creditor objected to the initial claim of exemption under 735 ILCS…”
In Re Allard, 196 B.R. 402 (Bankr. N.D. Ill. 1996). “Applicable Illinois, nonbankruptcy law that applies is 735 ILCS 5/12-112 and 750 ILCS 65/22, which respectively provide in relevant part: Any real property held in tenancy by the entirety shall not be liable to be sold upon judgment entered on or after October 1, 1990 against…”
Maher v. Harris Trust & Sav. Bank, 506 F.3d 560 (7th Cir. 2007). “There is no applicable federal statute regulating the execution of the judgment against Maher as it relates to his interest in the Corporation, so we look to 735 ILCS 5/12-112, “What [is] liable to enforcement,” which provides that, [a]ny real property, or beneficial interest in…”
NAB Bank v. LaSalle Bank, N.A., 2013 IL App (1st) 121147 (Ill. App. Ct. 2013). “735 ILCS 5/12-112 (West 2010). -2- died by then, her widower, Wilson, who was also the surviving tenant by the entirety, was joined as a defendant in the new case.”
In Re Mukhi, 246 B.R. 859 (Bankr. N.D. Ill. 2000). “00 of his interest in tenancy by the entirety under 735 ILCS 5/12-112, and also for his $7,500.”
In Re Eichhorn, 338 B.R. 793 (Bankr. S.D. Ill. 2006). “3 Although the debtors have not claimed an exemption on schedule C pursuant to 735 ILCS 5/12-112, 4 the trustee appears to have waived any contention that the debtors have not chosen the correct exemption statute.”
Harris Bank, N.A. v. Werner (In Re Werner), 410 B.R. 797 (Bankr. N.D. Ill. 2009). “According to 735 ILCS 5/12-112 (emphasis added), Any real property, or any beneficial interest in a land trust, held in tenancy by the entirety shall not be liable to be sold upon judgment entered on or after October 1, 1990 against only one of the tenants, except if the…”
In Re Marriage of Del Giudice, 678 N.E.2d 47 (Ill. App. Ct. 1997). “" 735 ILCS 5/12-112 (West 1994). Unlike joint tenancy, tenancy by the entirety is available only to married couples and their homestead property.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|