ILCS » Chapter 765 · Act 1005
Illinois Compiled Statutes

765 ILCS 1005/0.01 (2026)

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✓ current as of May 2026
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(765 ILCS 1005/0.01) (from Ch. 76, par. 0.01)
    Sec. 0.01. Short title. This Act may be cited as the Joint Tenancy Act.
(Source: P.A. 86-1324.)

    
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1996–2023 · leading case: Premier Prop. Mgmt., Inc. v. Chavez, 728 N.E.2d 476 (Ill. 2000).
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Premier Prop. Mgmt., Inc. v. Chavez, 728 N.E.2d 476 (Ill. 2000). · cites it 2× “ANALYSIS Tenancy by the entirety is an estate in real property provided for by the Joint Tenancy Act (765 ILCS 1005/0.01 et seq. (West 1996)). Only spouses may hold property in this estate.”
Harris Bank St. Charles v. Weber, 700 N.E.2d 722 (Ill. App. Ct. 1998). · cites it 2× “Prior to the 1997 amendment, the Code of Civil Procedure provided, without qualification, that, when a husband and wife hold property as tenants by the entirety, the property may not be attached by a creditor of one spouse: "Any real property held in tenancy by the entirety…”
Cont'l Cas. Co. v. Cuda, 715 N.E.2d 663 (Ill. App. Ct. 1999). “On May 3, 1996, defendant and his brother filed a verified counterclaim against Bielarz also seeking damages for breach of fiduciary duty, breach of the Illinois Joint Tenancy Act (765 ILCS 1005/ 0.01 et seq. (West 1996)) and seeking declaratory judgment in their favor.”
In re Yotis, 518 B.R. 481 (Bankr. N.D. Ill. 2014). “2d 476 (2000) (citing 765 ILCS 1005/0.01 et seq.). There was extensive discussion in Chavez of the language in the tenancy in the entirety statute, but no discussion of the historical use of tenancy by the entirety.”
O'Malley v. Adams, 2023 IL App (5th) 220206 (Ill. App. Ct. 2023). “It is a predecessor to what is now called the Joint Tenancy Act (765 ILCS 1005/0.01 (West 2020)). See generally Svenson v.”
Est. of Jezewski v. Jaworski, 2019 IL App (1st) 170100 (Ill. App. Ct. 2020). “Kaziemierz argued that the “unity of interest” requirement was “relaxed” by the Joint Tenancy Act (Act) (765 ILCS 1005/0.01 et seq. (West 2016)) and the only requirement under Illinois to create a joint tenancy is compliance with section 1 of the Act (id.”
Travelers Indem. Co., Judgment Creditor v. Joel Engel, Judgment Debtor, 81 F.3d 711 (7th Cir. 1996). “This case requires us to interpret the Illinois Joint Tenancy Act, 765 ILCS 1005/0.01 et seq. The question presented is whether a conveyance purporting to create a tenancy by the entirety actually does so where it fails to expressly declare that the grantees are husband and…”
UpCurve Energy Partners, LLC v. Kurt W. Muench, Lance A. Muench, Mark A. Muench, Frank W. Fouts, IV, & Sheila D. Stibolt (Tex. App. 2022). “(765 ILCS 1005/0.01) (from Ch, 76, par. 0.”
Premier Prop. Mgt., Inc. v. Chavez Modified - Apr. 26, 2000 (Ill. 2000). “ANALYSIS Tenancy by the entirety is an estate in real property provided for by the Joint Tenancy Act (765 ILCS 1005/0.01 et seq. (West 1996)). Only spouses may hold property in this estate.”
Harris Bank St. Charles v. Weber (Ill. App. Ct. 1998). “Prior to the 1997 amendment, the Code of Civil Procedure provided, without qualification, that, when a husband and wife hold property as tenants by the entirety, the property may not be attached by a creditor of one spouse: "Any real property held in tenancy by the entirety…”
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