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Illinois Compiled Statutes

735 ILCS 5/17-105 (2026)

Judgment

✓ current as of May 2026
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(735 ILCS 5/17-105) (from Ch. 110, par. 17-105)
    Sec. 17-105. Judgment. The court shall ascertain and declare the rights, titles and interest of all the parties in such action, the plaintiffs as well as the defendants, and shall enter judgment according to the rights of the parties. After entry of judgment adjudicating the rights, titles, and interests of the parties, the court upon further hearing shall determine whether or not the premises or any part thereof can be divided among the parties without manifest prejudice to the parties in interest. If the court finds that a division can be made, then the court shall enter further judgment fairly and impartially dividing the premises among the parties with or without owelty. 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 not governed by the Uniform Partition of Heirs Property Act, then the court shall order the premises not susceptible of division to be sold at public sale in such manner and upon such terms and notice of sale as the court directs. If the court orders the sale of the premises or any part thereof, the court shall fix the value of the premises to be sold. No sale may be approved for less than two-thirds of the total amount of the valuation of the premises to be sold. If it appears to the court that any of the premises will not sell for two-thirds of the amount of the valuation thereof, the court upon further hearing may either revalue the premise and approve the sale or order a new sale.
(Source: P.A. 101-520, eff. 8-23-19.)

    
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2001–2026 · leading case: Steinbrecher v. Steinbrecher, 759 N.E.2d 509 (Ill. 2001).
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Steinbrecher v. Steinbrecher, 759 N.E.2d 509 (Ill. 2001). · cites it 2× “" 735 ILCS 5/17-105 (West 1996). Section 17-108 of the Act provides: "Duty of Commissioners.”
Schnepf v. Schnepf, 2013 IL App (4th) 121142 (Ill. App. Ct. 2013). “In November 2012, the court ordered the property sold pursuant to section 17-105 of the Code of Civil Procedure (Code) (735 ILCS 5/17-105 (West 2010)). ¶2 Lyndle appeals (this court’s case No.”
Bollin v. Corey, 2026 IL App (4th) 251098-U (Ill. App. Ct. 2026). · cites it 3× “Bollin Trust, filed a motion to reconsider, asking the court to vacate its order or, in the alternative, stay the case pending appeal and enter an Illinois Supreme Court Rule 304(a) (eff.”
Curry v. Corbly, 2021 IL App (3d) 170778-U (Ill. App. Ct. 2021). “735 ILCS 5/17-105 (West 2016). Moreover, section 124 of the Act gives the circuit court in partition actions the power to: “investigate and determine all questions of conflicting or controverted titles, and remove clouds upon the titles to any of the premises sought to be…”
Stork v. Deppe, 2025 IL App (5th) 240727-U (Ill. App. Ct. 2025). “See 735 ILCS 5/17-105 (West 2022) (“No sale may be approved for less than two-thirds of the total amount of the valuation of the premises to be sold.”
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