Illinois Compiled Statutes
735 ILCS 5/17-101 (2026)
Compelling partition
✓ current as of May 2026
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(735 ILCS 5/17-101)
(from Ch. 110, par. 17-101)
Sec. 17-101. Compelling partition. When lands, tenements, or hereditaments
are held in joint
tenancy or tenancy in common, other than in accordance with the Uniform Partition of Heirs Property Act, or other form of co-ownership and regardless of whether any or all of the claimants are
minors or adults, any one or more of the persons interested therein
may compel a partition thereof by a verified complaint in the circuit court of
the
county where the premises or part of the premises are situated.
If lands, tenements or hereditaments held in joint tenancy or tenancy in
common are situated in 2 or more counties, the venue may be in any one
of such counties, and the circuit court of any such county first
acquiring jurisdiction shall retain sole and exclusive jurisdiction.
Ownership of an interest in the surface of lands, tenements, or
hereditaments by a co-owner of an interest in minerals underlying
the surface does not prevent partition of the mineral estate.
This amendatory Act of the 92nd General Assembly is a declaration
of existing law and is intended to remove any possible conflicts or
ambiguities, thereby confirming existing law pertinent to the
partition of interests in minerals and applies to all actions for the
partition of minerals now pending or filed on or after the effective
date of this amendatory Act of the 92nd General Assembly.
Nothing in this amendatory Act of the 92nd General Assembly shall be
construed as allowing an owner of a mineral interest in coal to mine and
remove the coal by the surface method of mining without first obtaining the
consent of all of the owners of the surface to the mining and removal of coal
by the
surface method of mining. Ownership of an interest in minerals by a co-owner of an interest in the surface does not prevent partition of the surface. The ownership of an interest in some, but not all, of the mineral estate by a co-owner of an interest in other minerals does not prevent the partition of the co-owned mineral estate.
(Source: P.A. 101-520, eff. 8-23-19.)
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 1999–2026 · leading case: Steinbrecher v. Steinbrecher, 759 N.E.2d 509 (Ill. 2001).
Steinbrecher v. Steinbrecher, 759 N.E.2d 509 (Ill. 2001). “Justice FITZGERALD delivered the opinion of the court: In November 1995, John Steinbrecher (John) filed suit under the Illinois partition act (Act) (735 ILCS 5/17-101 et seq. (West 1994)) against his two siblings, Jerome and Rosemary (Rosemary) Steinbrecher, to partition or sell…”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2017). “¶7 BACKGROUND ¶8 This litigation began in 2010 when Blumenthal filed her verified complaint for partition pursuant to section 17-101 of the Code of Civil Procedure (735 ILCS 5/17-101 et seq. (West 2012)) in the circuit court of Cook County.”
People v. Tolliver, 2021 IL App (1st) 190129 (Ill. App. Ct. 2021). “2d 514, 530 (2001), the analysis and disposition of which were met with a strong dissent, the court had occasion to address the concepts of void and voidable in the context of a civil proceeding. Briefly, Steinbrecher involved the partition and the circuit court’s order of a…”
Est. of Jezewski v. Jaworski, 2019 IL App (1st) 170100 (Ill. App. Ct. 2020). “See 735 ILCS 5/17-101 (West 2016) (“[w]hen lands, tenements, or hereditaments are held in joint tenancy or tenancy in common, *** any one or more of the persons interested therein may compel a partition thereof by a verified complaint in the circuit court of the county where the…”
In re Est. of Mivelaz, 2021 IL App (1st) 200494 (Ill. App. Ct. 2021). “2d 514 , a case involving sale of property under the Illinois partition act (Act) (735 ILCS 5/17-101 et seq. (West 1994)). Relevant here, the Steinbrecher court discussed the import of the 1964 amendments to the Illinois Constitution as it relates to the source and scope of the…”
In Re Nathan AC, 904 N.E.2d 112 (Ill. App. Ct. 2008). “2d 509, 518-19 (2001) (rejecting the dissent's assertion that the circuit court's order was void for failure to comply with article 17 of the Code of Civil Procedure) (735 ILCS 5/17-101 through 17-127 (West 1994)); Belleville Toyota, Inc.”
Aaberg v. Aaberg, 2020 IL App (4th) 190382-U (Ill. App. Ct. 2020). “” 735 ILCS 5/17-101 (West 2016). The same right applies when the interest in the land is a nonfreehold estate (e.”
In re Est. of Jezewski, 2019 IL App (1st) 170100 (Ill. App. Ct. 2019). “See 735 ILCS 5/17-101 (West 2016) (“[w]hen lands, tenements, or hereditaments are held in joint tenancy or tenancy in common, *** any one or more the persons interested therein may compel a partition thereof by a verified complaint in the circuit court of the county where the…”
Curry v. Corbly, 2021 IL App (3d) 170778-U (Ill. App. Ct. 2021). “ANALYSIS ¶ 25 The Partition Act (735 ILCS 5/17-101 et seq. (West 2016)) provides a procedure by which lands which are held in some form of co-ownership may be equitably severed into individual interests.”
Wafer v. Latimore, 2020 IL App (1st) 182079-U (Ill. App. Ct. 2020). “¶5 On September 28, 2015, plaintiff filed a complaint for partition of the Paxton property pursuant to 735 ILCS 5/17-101 (West 2014). In her complaint, plaintiff requested the division of certain personal property in addition to the real property, including household furniture,…”
Bollin v. Corey (Ill. App. Ct. 2026). “Bollin Trust, filed a complaint for partition pursuant to section 17-101 of the Partition Act (735 ILCS 5/17-101 (West 2022)). The partition action involved six tracts of land.”
Westerdale c. Grossman (Ill. App. Ct. 2000). “" 735 ILCS 5/17-101 (West 1998). While the creation of a joint tenancy requires the four unities of time, title, interest and possession, a tenancy in common needs only the unity of possession to exist, in that each co-tenant has an equal right of possession and enjoyment with…”
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