ILCS » Chapter 765 · Act 1005
Illinois Compiled Statutes

765 ILCS 1005/1c (2026)

Whenever a devise, conveyance, assignment, or other transfer of property, including a beneficial interest in a land trust, maintained or intended for maintenance as a homestead is made by both spouses during marriage or a civil union and the instrument of devise, conveyance, assignment, or transfer expressly declares that the devise or conveyance is made to tenants by the entirety, or if the beneficial interest in a land trust is to be held as tenants by the entirety, the estate created shall be deemed to be in tenancy by the entirety

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(765 ILCS 1005/1c) (from Ch. 76, par. 1c)
    Sec. 1c. Whenever a devise, conveyance, assignment, or other transfer of property, including a beneficial interest in a land trust, maintained or intended for maintenance as a homestead is made by both spouses during marriage or a civil union and the instrument of devise, conveyance, assignment, or transfer expressly declares that the devise or conveyance is made to tenants by the entirety, or if the beneficial interest in a land trust is to be held as tenants by the entirety, the estate created shall be deemed to be in tenancy by the entirety. Where the homestead is held in the name or names of a trustee or trustees of a revocable inter vivos trust or of revocable inter vivos trusts made by the settlors of such trust or trusts who are married to each other or in a civil union, and the spouses are the primary beneficiaries of one or both of the trusts so created, and the deed or deeds conveying title to the homestead to the trustee or trustees of the trust or trusts specifically state that the interests of both spouses to the homestead property are to be held as tenants by the entirety, the estate created shall be deemed to be a tenancy by the entirety. Subject to the provisions of paragraph (d) of Section 2 and unless otherwise assented to in writing by both tenants by the entirety, the estate in tenancy by the entirety so created shall exist only if, and as long as, the tenants are and remain married to each other, and upon the death of either such tenant the survivor shall retain the entire estate; provided that, upon a judgment of dissolution of marriage or of declaration of invalidity of marriage, the estate shall, by operation of law, become a tenancy in common until and unless the court directs otherwise; provided further that the estate shall, by operation of law, become a joint tenancy upon the creation and maintenance by both spouses together of other property as a homestead. A devise, conveyance, assignment, or other transfer to 2 grantees who are not in fact married to each other or in a civil union that purports to create an estate by the entirety shall be construed as having created an estate in joint tenancy. An estate in tenancy by the entirety may be created notwithstanding the fact that a grantor is or the grantors are also named as a grantee or the grantees in a deed. No deed, contract for deed, mortgage, or lease of homestead property held in tenancy by the entirety shall be effective unless signed by both tenants. This Section shall not apply to nor operate to change the effect of any devise or conveyance.
    Except for the changes made to Section 10 of the Conveyances Act, this amendatory Act of the 104th General Assembly and the amendatory Act of 1995 are declarative of existing law.
(Source: P.A. 104-40, eff. 1-1-26.)

    
Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1994–2021 · leading case: In re Est. of Aryeh, 2021 IL App (1st) 192418 (Ill. App. Ct. 2021).
Sort: Relevance Newest Treatment
In re Est. of Aryeh, 2021 IL App (1st) 192418 (Ill. App. Ct. 2021). · cites it 5× “PFG relied on section 1c of the Joint Tenancy Act (Act) (765 ILCS 1005/1c (West 2018)), which provides that a valid tenancy by the entirety applies only to property maintained or intended to be maintained as a homestead by a husband and wife, and further that the instrument must…”
CitiMortgage, Inc v. Parille, 2016 IL App (2d) 150286 (Ill. App. Ct. 2016). · cites it 2× “They noted that, under section 1c of the -4- 2016 IL App (2d) 150286 Joint Tenancy Act (765 ILCS 1005/1c (West 2012)), “[n]o deed, contract for deed, mortgage, or lease of homestead property held in tenancy by the entirety shall be effective unless signed by both tenants.”
E.J. McKernan Co. v. Gregory, 643 N.E.2d 1370 (Ill. App. Ct. 1994). · cites it 4× “765 ILCS 1005/1c (West 1992); 735 ILCS 5/12 — 112 (West 1992).”
Premier Prop. Mgmt., Inc. v. Chavez, 728 N.E.2d 476 (Ill. 2000). · cites it 2× “765 ILCS 1005/1c (West 1996). In addition, the estate is limited to homestead property.”
In Re Marriage of Del Giudice, 678 N.E.2d 47 (Ill. App. Ct. 1997). · cites it 3× “" 765 ILCS 1005/1c (West 1994). The creditors argued that the Transfer Act may be applied to Del Giudice's retitling of his marital home.”
Peterson v. Berg (In Re Berg), 387 B.R. 524 (Bankr. N.D. Ill. 2008). “In discussion of other counts, it is found and held that claims by others against property of the Estate also fail. The judicial deed issued following the foreclosure sale conveyed a fee simple absolute interest in the Property to Debtor and Mrs.”
Laverne Williams v. Scott Jaffe, 932 F.3d 602 (7th Cir. 2019). “765 ILCS 1005/1c ; see also Yotis , 518 B.”
Harris Bank St. Charles v. Weber, 700 N.E.2d 722 (Ill. App. Ct. 1998). “(West 1992)) a husband and wife may hold property as tenants by the entirety (765 ILCS 1005/1c (West 1992)). 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…”
Marquette Bank v. Heartland Bank & Trust Co., 2015 IL App (1st) 142627 (Ill. App. Ct. 2015). “They argued Marquette Bank could not sell their home to satisfy the debt of only Lawrence because they owned their beneficial interest in the land trust as tenants by the entirety as allowed by the Joint Tenancy Act (Act) (765 ILCS 1005/1c (West 2012)) and, therefore, section…”
Marquette Bank v. Heartland Bank & Trust Co., 2015 IL App (1st) 142627 (Ill. App. Ct. 2015). “They argued Marquette Bank could not sell their home to satisfy the debt of only Lawrence because they owned their beneficial interest in the land trust as tenants by the entirety as allowed by the Joint Tenancy Act (Act) (765 ILCS 1005/1c (West 2012)) and, therefore, section…”
BMO Harris Bank N.A. v. Brahos (In re Brahos), 589 B.R. 381 (2018). “The Brahoses owned the property jointly as tenants by the entirety (or more likely as joint tenants, since their move to Highland Park had arguably severed the tenancy by the entirety, see 765 ILCS 1005/1c (2016) (stating that entireties property must be "maintained or intended…”
In re Marriage of Del Guidice (Ill. App. Ct. 1997). · cites it 3× “" 765 ILCS 1005/1c (West 1994). The creditors argued that the Transfer Act may be applied to Del Giudice's retitling of his marital home.”
Show all 22 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.