Except as to any sale had by virtue of a judgment of foreclosure entered in accordance with Article XV, when real or personal property is taken in the enforcement of a judgment, if the property is susceptible of division it shall be sold in separate tracts, lots or articles, and only so much shall be sold as is necessary to satisfy the judgment and costs.
12-114.Sale in separate items.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceProperty taken to satisfy a judgment must be sold in separate tracts, lots, or articles when it can be divided, with only enough sold to cover the judgment and costs.
Full Text of 735 ILCS 5/12-114
Plain-English Summary
Outside of foreclosure sales conducted under Article XV, this section limits how much of a debtor's property can be sold at once. When real or personal property taken to enforce a judgment is capable of division, it must be sold in separate tracts, lots, or articles rather than as one block.
The sale stops once enough has sold to cover the judgment and the costs, so a debtor whose land splits into several parcels, or whose goods come in multiple lots, doesn't lose more than the judgment requires.
Frequently Asked Questions
Must a sheriff sell an entire property to satisfy a small judgment in Illinois?
No, if the property can be divided, it's sold in separate tracts, lots, or articles, and only as much as needed to satisfy the judgment and costs is sold.
Does this separate-sale rule apply to foreclosure sales?
No, the section excepts sales held by virtue of a judgment of foreclosure entered under Article XV.
What if the property can't be divided into separate lots?
The section's separate-sale requirement applies to property that is susceptible of division; it doesn't address property that can't be split this way.
How much property can be sold to satisfy a judgment?
Only so much as is necessary to satisfy the judgment and costs.
Why does Illinois require selling divisible property in separate lots?
To keep the sale limited to what's needed to pay the debt, rather than selling more of the debtor's property than the judgment requires.
Amendment History
(Source: P.A. 84-1462.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: selling property in separate lots for a judgment illinoissheriff sale minimum amount illinoisdividing property for a judgment sale illinoishow much property can be sold to satisfy a judgment illinois