ILCS » Chapter 765 · Act 1005
Illinois Compiled Statutes

765 ILCS 1005/1 (2026)

No estate in joint tenancy in any lands, tenements or hereditaments, or in any parts thereof or interest therein, shall be held or claimed under any grant, legacy or conveyance whatsoever heretofore or hereafter made, other than to executors and trustees, unless the premises therein mentioned shall expressly be thereby declared to pass not in tenancy in common but in joint tenancy; and every such estate other than to executors and trustees (unless otherwise expressly declared as aforesaid, or unless, as to a devise or conveyance of homestead property, expressly declared to pass to individuals married to each other as tenants by the entirety in the manner provided by Section 1c), shall be deemed to be in tenancy in common and all conveyances heretofore made, or which hereafter may be made, wherein the premises therein mentioned were or shall be expressly declared to pass not in tenancy in common but in joint tenancy, are hereby declared to have created an estate in joint tenancy with the accompanying right of survivorship the same as it existed prior to the passage of "An Act to amend Section 1 of an Act entitled: 'An Act to revise the law in relation to joint rights and obligations,' approved February 25, 1874, in force July 1, 1874," approved June 26, 1917

✓ current as of May 2026
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(765 ILCS 1005/1) (from Ch. 76, par. 1)
    Sec. 1. No estate in joint tenancy in any lands, tenements or hereditaments, or in any parts thereof or interest therein, shall be held or claimed under any grant, legacy or conveyance whatsoever heretofore or hereafter made, other than to executors and trustees, unless the premises therein mentioned shall expressly be thereby declared to pass not in tenancy in common but in joint tenancy; and every such estate other than to executors and trustees (unless otherwise expressly declared as aforesaid, or unless, as to a devise or conveyance of homestead property, expressly declared to pass to individuals married to each other as tenants by the entirety in the manner provided by Section 1c), shall be deemed to be in tenancy in common and all conveyances heretofore made, or which hereafter may be made, wherein the premises therein mentioned were or shall be expressly declared to pass not in tenancy in common but in joint tenancy, are hereby declared to have created an estate in joint tenancy with the accompanying right of survivorship the same as it existed prior to the passage of "An Act to amend Section 1 of an Act entitled: 'An Act to revise the law in relation to joint rights and obligations,' approved February 25, 1874, in force July 1, 1874," approved June 26, 1917.
(Source: P.A. 104-40, eff. 1-1-26.)

    
Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1995–2022 · leading case: In re Est. of Aryeh, 2021 IL App (1st) 192418 (Ill. App. Ct. 2021).
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In re Est. of Aryeh, 2021 IL App (1st) 192418 (Ill. App. Ct. 2021). · cites it 2× “” 765 ILCS 1005/1 (West 2018). -8- ¶ 51 Section 1c of the Act governs devises, conveyances, assignments, or other transfers of property made to tenants by the entirety.”
In Re Tolson, 338 B.R. 359 (Bankr. C.D. Ill. 2005). “765 ILCS 1005/1 c. Upon the occurrence of any such event, except death of the judgment debtor, the lien becomes enforceable against the real estate.”
Schechter v. Weiler (In Re Blair), 330 B.R. 206 (Bankr. N.D. Ill. 2005). “And because she held an interest as a tenant in common on the date she filed bankruptcy, her interest is subject to section 363(h).”
Raymond Prof'l Grp., Inc. v. William A. Pope Co. (In Re Raymond Prof'l Grp., Inc.), 408 B.R. 711 (Bankr. N.D. Ill. 2009). “765 ILCS 1005/1 (West 2009). See also 34 Ill.”
Voiland v. Kimmell (In re Kimmell), 480 B.R. 876 (Bankr. N.D. Ill. 2012). “765 ILCS 1005/1 c. But, the opinion stated that the $5,000 vehicle distributed to the debtor was co-owned by the debt- or and his father, and made no reference to the nature of ownership of the other vehicles totaling $3,500 that were distributed to the debtor under the marital…”
Westberg v. Barcroft, 2022 IL App (2d) 210543 (Ill. App. Ct. 2022). “3d 621, 628-29 (1986); see also 765 ILCS 1005/1 (West 2018) (provision of Joint Tenancy Act defining joint tenancy).”
Est. of Williamson v. Williamson, 657 N.E.2d 651 (Ill. App. Ct. 1995). “The Estate argues that because the last surviving joint tenant acquires sole ownership by operation of law upon the deaths of the other joint tenants (765 ILCS 1005/1 (West 1992); Harms v. Sprague (1984), 105 Ill.”
Westberg v. Barcroft, 2022 IL App (2d) 210543 (Ill. App. Ct. 2022). “3d 621, 628-29 (1986); see also 765 ILCS 1005/1 (West 2018) (provision of Joint Tenancy Act defining joint tenancy).”
UpCurve Energy Partners, LLC v. Kurt W. Muench, Lance A. Muench, Mark A. Muench, Frank W. Fouts, IV, & Sheila D. Stibolt (Tex. App. 2022). · cites it 2× “(Appendix A) illinois Complied Statues Designation Property (765 ILCS 1005/1) Joint Tenancy Act...(Appendix B) United States Constitution Article 1 Section 10 .”
Williamson v. Williamson, 657 N.E.2d 651 (Ill. App. Ct. 1995). “The Estate argues that because the last surviving joint tenant acquires sole ownership by operation of law upon the deaths of the other joint tenants (765 ILCS 1005/1 (West 1992); Harms v. Sprague (1985), 105 Ill.”
Lerch v. United States, 362 F. Supp. 3d 499 (E.D. Ill. 2019). “765 ILCS 1005/1 ("No estate in joint tenancy in any lands .”
Lerch v. United States (N.D. Ill. 2019). “765 ILCS 1005/1 (“No estate in joint tenancy in any lands … shall be held or claimed … unless the premises therein mentioned shall be expressly declared to pass not in tenancy in common but in joint tenancy; and every such estate other than to executors and trustees … shall be…”
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