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Illinois Compiled Statutes

735 ILCS 5/17-125 (2026)

Costs

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(735 ILCS 5/17-125) (from Ch. 110, par. 17-125)
    Sec. 17-125. Costs. In all proceedings for the partition of real estate, when the rights and interests of all the parties in interest are properly set forth in the complaint, the court shall apportion the costs among the parties in interest in the action, including the necessary expense of procuring such evidence of title to the real estate as is usual and customary for making sales of real estate, and a reasonable fee for plaintiff's attorney, so that each party shall pay his or her equitable portion thereof, unless the defendants, or some of them, interpose a good and substantial defense to the complaint. In such case the party or parties making such substantial defense shall recover their costs against the plaintiff according to justice and equity.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2011–2026 · leading case: McDunn v. McDunn, 2026 IL App (1st) 241419.
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McDunn v. McDunn, 2026 IL App (1st) 241419. “” 735 ILCS 5/17-125 (West 2022). -15- 1-24-1419 In reviewing apportionment of attorney fees under that analogous provision, this court has repeatedly applied the abuse of discretion standard.”
Aaberg v. Aaberg, 2021 IL App (4th) 200439-U. · cites it 2× “See 735 ILCS 5/17-125 (West 2018). In September 2020, after conducting an evidentiary hearing, the trial court entered a written order awarding James $13,605 of attorney fees.”
Bargman v. Wilson, No. 5-10-0128 Rel (Ill. App. Ct. 5th Dist. Feb. 14, 2011). · cites it 2× “ANALYSIS John argues that because he was joined with the other plaintiffs when the petition was filed and because his attorney, along with the other plaintiffs' attorney, acted for the benefit of all the parties in the partition action, the circuit court improperly denied his…”
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