Bill Amendment: IL HB3677 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PARTITION OF HEIRS PROPERTY
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0520 [HB3677 Detail]
Download: Illinois-2019-HB3677-Senate_Amendment_001.html
Bill Title: PARTITION OF HEIRS PROPERTY
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0520 [HB3677 Detail]
Download: Illinois-2019-HB3677-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3677
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2 | AMENDMENT NO. ______. Amend House Bill 3677 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Uniform Partition of Heirs Property Act.
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6 | Section 2. Definitions. In this Act: | ||||||
7 | (1) "Ascendant" means an individual who precedes another | ||||||
8 | individual in lineage, in the direct line of ascent from the | ||||||
9 | other individual. | ||||||
10 | (2) "Collateral" means an individual who is related to | ||||||
11 | another individual under the law of intestate succession of | ||||||
12 | this State but who is not the other individual's ascendant or | ||||||
13 | descendant. | ||||||
14 | (3) "Descendant" means an individual who follows another | ||||||
15 | individual in lineage, in the direct line of descent from the | ||||||
16 | other individual. |
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1 | (4) "Determination of value" means a court order | ||||||
2 | determining the fair market value of heirs property under | ||||||
3 | Section 6 or 10 or adopting the valuation of the property | ||||||
4 | agreed to by all cotenants. | ||||||
5 | (5) "Heirs property" means real property held in tenancy in | ||||||
6 | common which satisfies all of the following requirements as of | ||||||
7 | the filing of a partition action: | ||||||
8 | (A) there is no agreement in a record binding all the | ||||||
9 | cotenants which governs the partition of the property; | ||||||
10 | (B) one or more of the cotenants acquired title from a | ||||||
11 | relative or, if a cotenant is an entity, from a relative of | ||||||
12 | a beneficiary, shareholder, partner, or member of the | ||||||
13 | entity, whether such relative is living or deceased; and | ||||||
14 | (C) Any of the following applies: | ||||||
15 | (i) 20 percent or more of the interests are held by | ||||||
16 | cotenants who are relatives; | ||||||
17 | (ii) 20 percent or more of the interests are held | ||||||
18 | by a cotenant who acquired title from a relative, | ||||||
19 | whether living or deceased; or | ||||||
20 | (iii) 20 percent or more of the cotenants are | ||||||
21 | relatives. | ||||||
22 | (6) "Fair market value" means the cash price at which the | ||||||
23 | heirs property would change hands between a willing buyer and a | ||||||
24 | willing seller, neither being under any compulsion to buy or | ||||||
25 | sell and both having reasonable knowledge of the relevant | ||||||
26 | facts. |
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1 | (7) "Partition by sale" means a court-ordered sale of all | ||||||
2 | or a portion of the heirs property conducted under Section 10. | ||||||
3 | (8) "Partition in kind" means the division of heirs | ||||||
4 | property into physically distinct and separately titled | ||||||
5 | parcels. | ||||||
6 | (9) "Record" means information that is inscribed on a | ||||||
7 | tangible medium or that is stored in an electronic or other | ||||||
8 | medium and is retrievable in perceivable form. | ||||||
9 | (10) "Relative" means an ascendant, descendant, or | ||||||
10 | collateral or an individual otherwise related to another | ||||||
11 | individual by blood, marriage, adoption, or law of this State | ||||||
12 | other than this Act.
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13 | Section 3. Applicability; relation to other law. | ||||||
14 | (a) This Act applies to partition actions filed on or after | ||||||
15 | the effective date of this Act. | ||||||
16 | (b) In an action to partition real property under Article | ||||||
17 | XVII of the Code of Civil Procedure the court shall determine | ||||||
18 | whether the property is heirs property. If the court determines | ||||||
19 | that the property is heirs property, the property must be | ||||||
20 | partitioned under this Act unless all of the cotenants | ||||||
21 | otherwise agree in a record. | ||||||
22 | (c) This Act supplements Article XVII of the Code of Civil | ||||||
23 | Procedure and, if an action is governed by this Act, replaces | ||||||
24 | provisions of Article XVII of the Code of Civil Procedure that | ||||||
25 | are inconsistent with this Act.
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1 | Section 4. Service; notice by posting. | ||||||
2 | (a) This Act does not limit or affect the method by which | ||||||
3 | service of a complaint in a partition action may be made. | ||||||
4 | (b) If the plaintiff in a partition action seeks an order | ||||||
5 | of notice by publication and the court determines that the | ||||||
6 | property may be heirs property, the plaintiff, not later than | ||||||
7 | 10 days after the court's determination, shall post and | ||||||
8 | maintain while the action is pending a conspicuous sign on the | ||||||
9 | property that is the subject of the action. The sign must state | ||||||
10 | that the action has commenced and identify the name and address | ||||||
11 | of the court and the common designation by which the property | ||||||
12 | is known. The court may require the plaintiff to publish on the | ||||||
13 | sign the name of the plaintiff and the known defendants.
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14 | Section 5. Commissioners. If the court appoints a | ||||||
15 | commissioner pursuant to Article XVII of the Code of Civil | ||||||
16 | Procedure, the commissioner, in addition to the requirements | ||||||
17 | and disqualifications applicable to commissioners in Article | ||||||
18 | XVII of the Code of Civil Procedure, must be disinterested and | ||||||
19 | impartial and not a party to or a participant in the action.
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20 | Section 6. Determination of value. | ||||||
21 | (a) Except as otherwise provided in subsections (b) and | ||||||
22 | (c), if the court determines that the property that is the | ||||||
23 | subject of a partition action is heirs property, the court |
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1 | shall determine the fair market value of the property by | ||||||
2 | ordering an appraisal pursuant to subsection (d). | ||||||
3 | (b) If all cotenants have agreed to the value of the | ||||||
4 | property or to another method of valuation, the court shall | ||||||
5 | adopt that value or the value produced by the agreed method of | ||||||
6 | valuation. | ||||||
7 | (c) If the court determines that the evidentiary value of | ||||||
8 | an appraisal is outweighed by the cost of the appraisal, the | ||||||
9 | court, after an evidentiary hearing, shall determine the fair | ||||||
10 | market value of the property and shall order the plaintiff to | ||||||
11 | send notice to the parties of the value. | ||||||
12 | (d) If the court orders an appraisal, the court shall | ||||||
13 | appoint a disinterested real estate appraiser licensed in this | ||||||
14 | State to determine the fair market value of the property | ||||||
15 | assuming sole ownership of the fee simple estate. On completion | ||||||
16 | of the appraisal, the appraiser shall file a sworn or verified | ||||||
17 | appraisal with the court. | ||||||
18 | (e) If an appraisal is conducted pursuant to subsection | ||||||
19 | (d), not later than 10 days after the appraisal is filed, the | ||||||
20 | court shall order the plaintiff to send notice to each party | ||||||
21 | with a known address, stating: | ||||||
22 | (1) the appraised fair market value of the property; | ||||||
23 | (2) that the appraisal is available at the clerk's | ||||||
24 | office; and | ||||||
25 | (3) that a party may file with the court an objection | ||||||
26 | to the appraisal not later than 30 days after the notice is |
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1 | sent, stating the grounds for the objection. | ||||||
2 | (f) If an appraisal is filed with the court pursuant to | ||||||
3 | subsection (d), the court shall conduct a hearing to determine | ||||||
4 | the fair market value of the property not sooner than 30 days | ||||||
5 | after a copy of the notice of the appraisal is sent to each | ||||||
6 | party under subsection (e), whether or not an objection to the | ||||||
7 | appraisal is filed under subsection (e)(3). In addition to the | ||||||
8 | court-ordered appraisal, the court may consider any other | ||||||
9 | evidence of value offered by a party. | ||||||
10 | (g) After a hearing under subsection (f), but before | ||||||
11 | considering the merits of the partition action, the court shall | ||||||
12 | determine the fair market value of the property and order the | ||||||
13 | plaintiff to send notice to all of the parties of the value and | ||||||
14 | a cotenant's buyout rights as provided in Section 7.
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15 | Section 7. Cotenant buyout. | ||||||
16 | (a) If any cotenant requested partition by sale, after the | ||||||
17 | determination of value under Section 6, the court shall order | ||||||
18 | the plaintiff to send notice to the parties that any cotenant | ||||||
19 | except a cotenant that requested partition by sale may buy all | ||||||
20 | the interests of the cotenants that requested partition by | ||||||
21 | sale. | ||||||
22 | (b) Not later than 45 days after the notice is sent under | ||||||
23 | subsection (a), any cotenant except a cotenant that requested | ||||||
24 | partition by sale may give notice to the court that it elects | ||||||
25 | to buy all the interests of the cotenants that requested |
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1 | partition by sale. | ||||||
2 | (c) The purchase price for each of the interests of a | ||||||
3 | cotenant that requested partition by sale is the value of the | ||||||
4 | entire parcel determined under Section 6 multiplied by the | ||||||
5 | cotenant's fractional ownership of the entire parcel. | ||||||
6 | (d) After expiration of the period in subsection (b), the | ||||||
7 | following rules apply: | ||||||
8 | (1) If only one cotenant elects to buy all the | ||||||
9 | interests of the cotenants that requested partition by | ||||||
10 | sale, the court shall notify all the parties of that fact. | ||||||
11 | (2) If more than one cotenant elects to buy all the | ||||||
12 | interests of the cotenants that requested partition by | ||||||
13 | sale, the court shall allocate the right to buy those | ||||||
14 | interests among the electing cotenants based on each | ||||||
15 | electing cotenant's existing fractional ownership of the | ||||||
16 | entire parcel divided by the total existing fractional | ||||||
17 | ownership of all cotenants electing to buy and send notice | ||||||
18 | to all the parties of that fact and of the price to be paid | ||||||
19 | by each electing cotenant. | ||||||
20 | (3) If no cotenant elects to buy all the interests of | ||||||
21 | the cotenants that requested partition by sale, the court | ||||||
22 | shall order the plaintiff to send notice to all the parties | ||||||
23 | of that fact and resolve the partition action under Section | ||||||
24 | 8(a) and (b). | ||||||
25 | (e) If the court sends notice to the parties under | ||||||
26 | subsection (d)(1) or (2), the court shall set a date, not |
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1 | sooner than 60 days after the date the notice was sent, by | ||||||
2 | which electing cotenants must pay their apportioned price to | ||||||
3 | the clerk of court or as otherwise ordered by the court. After | ||||||
4 | this date, the following rules apply: | ||||||
5 | (1) If all electing cotenants timely pay their | ||||||
6 | apportioned price to the clerk of court or as otherwise | ||||||
7 | ordered by the court, the court shall issue an order | ||||||
8 | reallocating all the interests of the cotenants and | ||||||
9 | disburse the amounts held to the persons entitled to them. | ||||||
10 | (2) If no electing cotenant timely pays its apportioned | ||||||
11 | price, the court shall resolve the partition action under | ||||||
12 | Section 8(a) and (b) as if the interests of the cotenants | ||||||
13 | that requested partition by sale were not purchased. | ||||||
14 | (3) If one or more but not all of the electing | ||||||
15 | cotenants fail to pay their apportioned price on time, the | ||||||
16 | court, on motion, shall order the plaintiff to give notice | ||||||
17 | to the electing cotenants that paid their apportioned price | ||||||
18 | of the interest remaining and the price for all that | ||||||
19 | interest. | ||||||
20 | (f) Not later than 20 days after the court gives notice | ||||||
21 | pursuant to subsection (e)(3), any cotenant that paid may elect | ||||||
22 | to purchase all of the remaining interest by paying the entire | ||||||
23 | price into the court. After the 20-day period, the following | ||||||
24 | rules apply: | ||||||
25 | (1) If only one cotenant pays the entire price for the | ||||||
26 | remaining interest, the court shall issue an order |
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1 | reallocating the remaining interest to that cotenant. The | ||||||
2 | court shall issue promptly an order reallocating the | ||||||
3 | interests of all of the cotenants and disburse the amounts | ||||||
4 | held to the persons entitled to them. | ||||||
5 | (2) If no cotenant pays the entire price for the | ||||||
6 | remaining interest, the court shall resolve the partition | ||||||
7 | action under Section 8(a) and (b) as if the interests of | ||||||
8 | the cotenants that requested partition by sale were not | ||||||
9 | purchased. | ||||||
10 | (3) If more than one cotenant pays the entire price for | ||||||
11 | the remaining interest, the court shall reapportion the | ||||||
12 | remaining interest among those paying cotenants, based on | ||||||
13 | each paying cotenant's original fractional ownership of | ||||||
14 | the entire parcel divided by the total original fractional | ||||||
15 | ownership of all cotenants that paid the entire price for | ||||||
16 | the remaining interest. The court shall issue promptly an | ||||||
17 | order reallocating all of the cotenants' interests, | ||||||
18 | disburse the amounts held to the persons entitled to them, | ||||||
19 | and promptly refund any excess payment held by the clerk of | ||||||
20 | court or as ordered by the court. | ||||||
21 | (g) Not later than 45 days after notice is sent to the | ||||||
22 | parties pursuant to subsection (a), any cotenant entitled to | ||||||
23 | buy an interest under this section may request the court to | ||||||
24 | authorize the sale as part of the pending action of the | ||||||
25 | interests of cotenants named as defendants and served with the | ||||||
26 | complaint but that did not appear in the action. |
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1 | (h) If the court receives a timely request under subsection | ||||||
2 | (g), the court, after hearing, may deny the request or | ||||||
3 | authorize the requested additional sale on such terms as the | ||||||
4 | court determines are fair and reasonable, subject to the | ||||||
5 | following limitations: | ||||||
6 | (1) a sale authorized under this subsection may occur | ||||||
7 | only after the purchase prices for all interests subject to | ||||||
8 | sale under subsections (a) through (f) have been paid into | ||||||
9 | court and those interests have been reallocated among the | ||||||
10 | cotenants as provided in those subsections; and | ||||||
11 | (2) the purchase price for the interest of a | ||||||
12 | nonappearing cotenant is based on the court's | ||||||
13 | determination of value under Section 6.
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14 | Section 8. Partition alternatives. | ||||||
15 | (a) If all the interests of all cotenants that requested | ||||||
16 | partition by sale are not purchased by other cotenants pursuant | ||||||
17 | to Section 7, or if after conclusion of the buyout under | ||||||
18 | Section 7, a cotenant remains that has requested partition in | ||||||
19 | kind, the court shall order partition in kind unless the court, | ||||||
20 | after consideration of the factors listed in Section 9, finds | ||||||
21 | that partition in kind will result in manifest prejudice to the | ||||||
22 | cotenants as a group. In considering whether to order partition | ||||||
23 | in kind, the court shall approve a request by two or more | ||||||
24 | parties to have their individual interests aggregated. | ||||||
25 | (b) If the court does not order partition in kind under |
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1 | subsection (a), the court shall order partition by sale | ||||||
2 | pursuant to Section 10 or, if no cotenant requested partition | ||||||
3 | by sale, the court shall dismiss the action. | ||||||
4 | (c) If the court orders partition in kind pursuant to | ||||||
5 | subsection (a), the court may require that one or more | ||||||
6 | cotenants pay one or more other cotenants amounts so that the | ||||||
7 | payments, taken together with the value of the in-kind | ||||||
8 | distributions to the cotenants, will make the partition in kind | ||||||
9 | just and proportionate in value to the fractional interests | ||||||
10 | held. | ||||||
11 | (d) If the court orders partition in kind, the court shall | ||||||
12 | allocate to the cotenants that are unknown, unlocatable, or the | ||||||
13 | subject of a default judgment, if their interests were not | ||||||
14 | brought pursuant to Section 7, a party of the property | ||||||
15 | representing the combined interests of those cotenants as | ||||||
16 | determined by the court.
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17 | Section 9. Consideration for partition in kind. | ||||||
18 | (a) In determining under Section 8(a) whether partition in | ||||||
19 | kind would result in manifest prejudice to the cotenants as a | ||||||
20 | group, the court shall consider the following: | ||||||
21 | (1) whether the heirs property practicably can be | ||||||
22 | divided among the cotenants; | ||||||
23 | (2) whether partition in kind would apportion the | ||||||
24 | property in such a way that the aggregate fair market value | ||||||
25 | of the parcels resulting from the division would be |
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1 | materially less than the value of the property if it were | ||||||
2 | sold as a whole, taking into account the condition under | ||||||
3 | which a court-ordered sale likely would occur; | ||||||
4 | (3) evidence of the collective duration of ownership or | ||||||
5 | possession of the property by a cotenant and one or more | ||||||
6 | predecessors in title or predecessors in possession to the | ||||||
7 | cotenant who are or were relatives of the cotenant or each | ||||||
8 | other; | ||||||
9 | (4) a cotenant's sentimental attachment to the | ||||||
10 | property, including any attachment arising because the | ||||||
11 | property has ancestral or other unique or special value to | ||||||
12 | the cotenant; | ||||||
13 | (5) the lawful use being made of the property by a | ||||||
14 | cotenant and the degree to which the cotenant would be | ||||||
15 | harmed if the cotenant could not continue the same use of | ||||||
16 | the property; | ||||||
17 | (6) the degree to which the cotenants have contributed | ||||||
18 | their pro rata share of the property taxes, insurance, and | ||||||
19 | other expenses associated with maintaining ownership of | ||||||
20 | the property or have contributed to the physical | ||||||
21 | improvement, maintenance, or upkeep of the property; | ||||||
22 | (7) the tax consequences; and | ||||||
23 | (8) any other relevant factor. | ||||||
24 | (b) The court may not consider any one factor in subsection | ||||||
25 | (a) to be dispositive without weighing the totality of all | ||||||
26 | relevant factors and circumstances.
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1 | Section 10. Open-market sale, sealed bids, or auction. | ||||||
2 | (a) If the court orders a sale of heirs property, the sale | ||||||
3 | must be an open-market sale unless the court finds that a sale | ||||||
4 | by sealed bids or an auction would be more economically | ||||||
5 | advantageous and in the best interest of the cotenants as a | ||||||
6 | group. | ||||||
7 | (b) If the court orders an open-market sale and the | ||||||
8 | parties, not later than 10 days after the entry of the order, | ||||||
9 | agree on a real estate broker licensed in this State to offer | ||||||
10 | the property for sale, the court shall appoint the broker and | ||||||
11 | establish a reasonable commission. If the parties do not agree | ||||||
12 | on a broker, the court shall appoint a disinterested real | ||||||
13 | estate broker licensed in this State to offer the property for | ||||||
14 | sale and shall establish a reasonable commission. The broker | ||||||
15 | shall offer the property for sale in a commercially reasonable | ||||||
16 | manner at a price no lower than the determination of value and | ||||||
17 | on the terms and conditions established by the court. | ||||||
18 | (c) If the broker appointed under subsection (b) obtains | ||||||
19 | within a reasonable time an offer to purchase the property for | ||||||
20 | at least the determination of value: | ||||||
21 | (1) the broker shall comply with the reporting | ||||||
22 | requirements in Section 11; and | ||||||
23 | (2) the sale may be completed in accordance with state | ||||||
24 | law other than this Act. | ||||||
25 | (d) If the broker appointed under subsection (b) does not |
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1 | obtain within a reasonable time an offer to purchase the | ||||||
2 | property for at least the determination of value, the court, | ||||||
3 | after hearing, may: | ||||||
4 | (1) approve the highest outstanding offer, if any; | ||||||
5 | (2) redetermine the value of the property and order | ||||||
6 | that the property continue to be offered for an additional | ||||||
7 | time; or | ||||||
8 | (3) order that the property be sold by sealed bids or | ||||||
9 | at an auction. | ||||||
10 | (e) If the court orders a sale by sealed bids or an | ||||||
11 | auction, the court shall set terms and conditions of the sale. | ||||||
12 | If the court orders an auction, the auction must be conducted | ||||||
13 | under Article XVII of the Code of Civil Procedure. | ||||||
14 | (f) If a purchaser is entitled to a share of the proceeds | ||||||
15 | of the sale, the purchaser is entitled to a credit against the | ||||||
16 | price in an amount equal to the purchaser's share of the | ||||||
17 | proceeds.
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18 | Section 11. Report of open-market sale. | ||||||
19 | (a) Unless required to do so within a shorter time by | ||||||
20 | Article XVII of the Code of Civil Procedure, a broker appointed | ||||||
21 | under Section 10(b) to offer heirs property for open-market | ||||||
22 | sale shall file a report with the court not later than seven | ||||||
23 | days after receiving an offer to purchase the property for at | ||||||
24 | least the value determined under Section 6 or 10. | ||||||
25 | (b) The report required by subsection (a) must contain the |
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1 | following information: | ||||||
2 | (1) a description of the property to be sold to each | ||||||
3 | buyer; | ||||||
4 | (2) the name of each buyer; | ||||||
5 | (3) the proposed purchase price; | ||||||
6 | (4) the terms and conditions of the proposed sale, | ||||||
7 | including the terms of any owner financing; | ||||||
8 | (5) the amounts to be paid to lienholders; | ||||||
9 | (6) a statement of contractual or other arrangements or | ||||||
10 | conditions of the broker's commission; and | ||||||
11 | (7) other material facts relevant to the sale.
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12 | Section 12. Costs. In all proceedings for the partition of | ||||||
13 | heirs property, the court shall apportion the costs of the | ||||||
14 | proceedings, including a reasonable fee for the plaintiff's | ||||||
15 | attorney, among the parties in interest in the action, as the | ||||||
16 | court deems just and equitable. In determining the just and | ||||||
17 | equitable apportionment of the costs and attorney's fees, the | ||||||
18 | court may consider, among other things, the good faith attempt | ||||||
19 | of the parties to agree prior to the initiation of the | ||||||
20 | complaint. If any defendant interposes a good and substantial | ||||||
21 | defense to the complaint, the party or parties making such | ||||||
22 | substantial defense shall recover their costs against the | ||||||
23 | plaintiff according to justice and equity.
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24 | Section 60. The Code of Civil Procedure is amended by |
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1 | changing Sections 17-101, 17-102, 17-105, and 17-106 as | ||||||
2 | follows:
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3 | (735 ILCS 5/17-101) (from Ch. 110, par. 17-101)
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4 | Sec. 17-101. Compelling partition. When lands, tenements, | ||||||
5 | or hereditaments
are held in joint
tenancy or tenancy in | ||||||
6 | common , other than in accordance with the Uniform Partition of | ||||||
7 | Heirs Property Act, or other form of co-ownership and | ||||||
8 | regardless of whether any or all of the claimants are
minors or | ||||||
9 | adults, any one or more of the persons interested therein
may | ||||||
10 | compel a partition thereof by a verified complaint in the | ||||||
11 | circuit court of
the
county where the premises or part of the | ||||||
12 | premises are situated.
If lands, tenements or hereditaments | ||||||
13 | held in joint tenancy or tenancy in
common are situated in 2 or | ||||||
14 | more counties, the venue may be in any one
of such counties, | ||||||
15 | and the circuit court of any such county first
acquiring | ||||||
16 | jurisdiction shall retain sole and exclusive jurisdiction.
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17 | Ownership of an interest in the surface of lands, tenements, or
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18 | hereditaments by a co-owner of an interest in minerals | ||||||
19 | underlying
the surface does not prevent partition of the | ||||||
20 | mineral estate.
This amendatory Act of the 92nd General | ||||||
21 | Assembly is a declaration
of existing law and is intended to | ||||||
22 | remove any possible conflicts or
ambiguities, thereby | ||||||
23 | confirming existing law pertinent to the
partition of interests | ||||||
24 | in minerals and applies to all actions for the
partition of | ||||||
25 | minerals now pending or filed on or after the effective
date of |
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1 | this amendatory Act of the 92nd General Assembly.
Nothing in | ||||||
2 | this amendatory Act of the 92nd General Assembly shall be
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3 | construed as allowing an owner of a mineral interest in coal to | ||||||
4 | mine and
remove the coal by the surface method of mining | ||||||
5 | without first obtaining the
consent of all of the owners of the | ||||||
6 | surface to the mining and removal of coal
by the
surface method | ||||||
7 | of mining. Ownership of an interest in minerals by a co-owner | ||||||
8 | of an interest in the surface does not prevent partition of the | ||||||
9 | surface. The ownership of an interest in some, but not all, of | ||||||
10 | the mineral estate by a co-owner of an interest in other | ||||||
11 | minerals does not prevent the partition of the co-owned mineral | ||||||
12 | estate.
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13 | (Source: P.A. 92-379, eff. 8-16-01; 93-925, eff. 8-12-04.)
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14 | (735 ILCS 5/17-102) (from Ch. 110, par. 17-102)
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15 | Sec. 17-102. Complaint. The verified complaint shall | ||||||
16 | particularly describe the premises sought to be
divided, and | ||||||
17 | shall set forth the interests of all parties interested
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18 | therein, so far as the same are known to the plaintiffs, | ||||||
19 | including
tenants for years or for life, and of all persons | ||||||
20 | entitled to the
reversion, remainder or inheritance, and of | ||||||
21 | every person who, upon any
contingency, may be or become | ||||||
22 | entitled to any beneficial interest in the
premises, so far as | ||||||
23 | the same are known to the plaintiffs, and shall ask
for the | ||||||
24 | division and partition of the premises according to the
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25 | respective rights of the parties interested therein, or in |
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1 | accordance with the Uniform Partition of Heirs Property Act , if | ||||||
2 | a division
and partition of the same cannot be made without | ||||||
3 | manifest prejudice to
the owners, that a sale thereof be made | ||||||
4 | and the proceeds divided
according to the respective rights of | ||||||
5 | the parties .
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6 | (Source: P.A. 82-280.)
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7 | (735 ILCS 5/17-105) (from Ch. 110, par. 17-105)
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8 | Sec. 17-105. Judgment. The court shall ascertain and | ||||||
9 | declare the rights, titles and
interest of all the parties in | ||||||
10 | such action, the plaintiffs as well as the
defendants, and | ||||||
11 | shall enter judgment according to the rights of the
parties. | ||||||
12 | After entry of judgment adjudicating the rights, titles, and | ||||||
13 | interests of the parties, the court upon further hearing shall | ||||||
14 | determine whether or not the premises or any part thereof can | ||||||
15 | be divided among the parties without manifest prejudice to the | ||||||
16 | parties in interest. If the court finds that a division can be | ||||||
17 | made, then the court shall enter further judgment fairly and | ||||||
18 | impartially dividing the premises among the parties with or | ||||||
19 | without owelty. If the court finds that the whole or any part | ||||||
20 | of the premises sought to be partitioned cannot be divided | ||||||
21 | without manifest prejudice to the owners thereof and is not | ||||||
22 | governed by the Uniform Partition of Heirs Property Act , then | ||||||
23 | the court shall order the premises not susceptible of division | ||||||
24 | to be sold at public sale in such manner and upon such terms | ||||||
25 | and notice of sale as the court directs. If the court orders |
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1 | the sale of the premises or any part thereof, the court shall | ||||||
2 | fix the value of the premises to be sold. No sale may be | ||||||
3 | approved for less than two-thirds of the total amount of the | ||||||
4 | valuation of the premises to be sold. If it appears to the | ||||||
5 | court that any of the premises will not sell for two-thirds of | ||||||
6 | the amount of the valuation thereof, the court upon further | ||||||
7 | hearing may either revalue the premise and approve the sale or | ||||||
8 | order a new sale.
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9 | (Source: P.A. 93-925, eff. 8-12-04.)
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10 | (735 ILCS 5/17-106) (from Ch. 110, par. 17-106)
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11 | Sec. 17-106. Appointment of commissioner and surveyor.
The | ||||||
12 | court in its discretion, sua sponte, or on the motion of any | ||||||
13 | interested party, must may appoint a disinterested | ||||||
14 | commissioner who, subject to direction by the court, shall | ||||||
15 | report to the court in writing under oath as to whether or not | ||||||
16 | the premises are subject to division without manifest prejudice | ||||||
17 | to the rights of the parties and, if so, report how the | ||||||
18 | division may be made. The court may authorize the employment of | ||||||
19 | a surveyor to carry out or assist in the division of the | ||||||
20 | premises. The fees and expenses of the commissioner and of the | ||||||
21 | surveyor and the person making the sale shall be taxed as costs | ||||||
22 | in the proceedings.
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23 | (Source: P.A. 93-925, eff. 8-12-04.)
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24 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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