Illinois Compiled Statutes
765 ILCS 1005/4 (2026)
If any person shall assume and exercise exclusive ownership over, or take away, destroy, lessen in value, or otherwise injure or abuse any property held in joint tenancy or tenancy in common, the party aggrieved shall have his civil action for the injury in the same manner as he would have if such joint tenancy or tenancy in common did not exist
✓ current as of May 2026
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(765 ILCS 1005/4)
(from Ch. 76, par. 4)
Sec. 4.
If any person shall assume and exercise exclusive ownership over,
or take away, destroy, lessen in value, or otherwise injure or abuse any
property held in joint tenancy or tenancy in common, the party aggrieved
shall have his civil action for the injury in the same manner as he would
have if such joint tenancy or tenancy in common did not exist.
(Source: Laws 1935, p. 936.)
Notes of Decisions
Cited in 3
cases, 1997–2004 · leading case: Greeling v. Abendroth, 813 N.E.2d 768 (Ill. App. Ct. 2004).
Greeling v. Abendroth, 813 N.E.2d 768 (Ill. App. Ct. 2004). “When the bank refused to pay her, plaintiff sued Abendroth individually and in his capacity as the executor of Margaret’s estate, seeking to recover under section 4 of the Joint Tenancy Act (Act) (765 ILCS 1005/4 (West 2000)). (We will refer to Abendroth in his two capacities as…”
Simon v. Wilson, 684 N.E.2d 791 (Ill. App. Ct. 1997). “On appeal, plaintiffs argue that (1) the trial court’s decision to dismiss Sam was erroneous and contrary to the provisions of the Joint Tenancy Act (765 ILCS 1005/4 (West 1994)) and Sam’s fiduciary obligations; (2) the trial court erred in granting summary judgment in favor of…”
Greeling v. Abendroth (Ill. App. Ct. 2004). “When the bank refused to pay her, plaintiff sued Abendroth individually and in his capacity as the executor of Margaret's estate, seeking to recover under section 4 of the Joint Tenancy Act (Act) (765 ILCS 1005/4 (West 2000)). (We will refer to Abendroth in his two capacities as…”
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