ILCS » Chapter 765 · Act 1005
Illinois Compiled Statutes

765 ILCS 1005/4a (2026)

When one or more joint tenants, tenants in common or co-partners in real estate, or any interest therein, shall take and use the profits or benefits thereof, in greater proportion than his or their interest, such person or persons, his or their executors and administrators, shall account therefor to his or their cotenants jointly or severally

✓ current as of May 2026
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(765 ILCS 1005/4a) (from Ch. 76, par. 5)
    Sec. 4a. When one or more joint tenants, tenants in common or co-partners in real estate, or any interest therein, shall take and use the profits or benefits thereof, in greater proportion than his or their interest, such person or persons, his or their executors and administrators, shall account therefor to his or their cotenants jointly or severally.
(Source: Laws 1935, p. 936.)

    
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1994–2024 · leading case: Hall v. Eaton, 631 N.E.2d 833 (Ill. App. Ct. 1994).
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Hall v. Eaton, 631 N.E.2d 833 (Ill. App. Ct. 1994). “) Hall claims she is entitled to an accounting pursuant to statute (765 ILCS 1005/4a (West 1992)), which states: "When one or more joint tenants, tenants in common or co-partners in real estate, or any interest therein, shall take and use the profits or benefits thereof, in…”
Greeling v. Abendroth, 813 N.E.2d 768 (Ill. App. Ct. 2004). “(The court also relied on section 4a of the Act (765 ILCS 1005/4a (West 2000)), but that section was actually irrelevant because it applied only to cotenants of realty (see Reichmann v.”
Hall v. Eaton, 631 N.E.2d 833 (Ill. App. Ct. 1994). “) Hall claims she is entitled to an accounting pursuant to statute (765 ILCS 1005/4a (West 1992)), which states: "When one or more joint tenants, tenants in common or co-partners in real estate, or any interest therein, shall take and use the profits or benefits thereof, in…”
O'Malley v. Adams, 2023 IL App (5th) 220206 (Ill. App. Ct. 2023). “” 765 ILCS 1005/4a (West 2020) (formerly Ill.”
Stefanov v. Lazarov, 2024 IL App (1st) 232104-U (Ill. App. Ct. 2024). · cites it 2× “The only legal authority Lazarov cited to support both of his claims of error was section 4a of the Joint Tenancy Act (765 ILCS 1005/4a (West 2022)), but he does not explain how this section is relevant to the question under review here, i.”
Greeling v. Abendroth (Ill. App. Ct. 2004). “That statute provides: "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 ***, the party aggrieved shall have his civil action for the injury in the same…”
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