In the enforcement of a lien in the circuit court upon premises, including the homestead, if such right is not waived or released, as provided in Part 9 of Article XII of this Act, the court may set off the homestead and order the sale of the balance of the premises, or, if the value of the premises exceeds the exemption, and the premises cannot be divided, the court may order the sale of the whole and the payment of the amount of the exemption to the person entitled thereto.
12-908.Enforcement of lien.
Article XII. Judgments - Enforcement · Part 9. Exemption of Homestead · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a circuit court enforcing a lien on property that includes an unwaived homestead either carve out the homestead and sell the rest, or sell the whole property and pay the exemption amount to the owner if it can't be divided.
Full Text of 735 ILCS 5/12-908
Plain-English Summary
When a lien reaches property that includes a homestead the owner hasn't waived or released, the circuit court enforcing that lien has two paths. It can set off the homestead from the rest of the property and order only the remainder sold.
If the property's value exceeds the exemption and it can't be divided, the court can instead order the whole property sold and direct payment of the exemption amount to the person entitled to it.
Both options depend on the homestead right still being intact: this section only applies where that right hasn't already been waived or released.
Frequently Asked Questions
Can a lien still be enforced against property that includes a homestead?
Yes, but the court must account for the homestead by setting it off or paying the exemption amount from the sale.
What happens if the property can't be split into an exempt homestead and a sellable remainder?
The court may order the whole property sold and direct payment of the exemption amount to the person entitled to it.
Which court handles this kind of lien enforcement?
The circuit court enforcing the lien.
Does this section apply if the homestead right was already waived?
No, it applies only where that right hasn't been waived or released.
What are the court's two options under this section?
Set off the homestead and sell only the remainder, or sell the whole property and pay the exemption amount to the person entitled to it.
Amendment History
(Source: P.A. 83-707.)
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: enforcing a lien on homestead property illinoisselling homestead property to satisfy a lien illinoissetting off the homestead illinoiscircuit court sale of homestead property illinois