When lands, tenements, or hereditaments are held in joint tenancy or tenancy in common, other than in accordance with the Uniform Partition of Heirs Property Act, or other form of co-ownership and regardless of whether any or all of the claimants are minors or adults, any one or more of the persons interested therein may compel a partition thereof by a verified complaint in the circuit court of the county where the premises or part of the premises are situated. If lands, tenements or hereditaments held in joint tenancy or tenancy in common are situated in 2 or more counties, the venue may be in any one of such counties, and the circuit court of any such county first acquiring jurisdiction shall retain sole and exclusive jurisdiction. Ownership of an interest in the surface of lands, tenements, or hereditaments by a co- owner of an interest in minerals underlying the surface does not prevent partition of the mineral estate. This amendatory Act of the 92nd General Assembly is a declaration of existing law and is intended to remove any possible conflicts or ambiguities, thereby confirming existing law pertinent to the partition of interests in minerals and applies to all actions for the partition of minerals now pending or filed on or after the effective date of this amendatory Act of the 92nd General Assembly. Nothing in this amendatory Act of the 92nd General Assembly shall be construed as allowing an owner of a mineral interest in coal to mine and remove the coal by the surface method of mining without first obtaining the consent of all of the owners of the surface to the mining and removal of coal by the surface method of mining. Ownership of an interest in minerals by a co-owner of an interest in the surface does not prevent partition of the surface. The ownership of an interest in some, but not all, of the mineral estate by a co-owner of an interest in other minerals does not prevent the partition of the co-owned mineral estate.
17-101.Compelling partition.
Article XVII. Partition · Last amended 2019 · Last verified July 20, 2026
In one sentenceLets any co-owner of land held in joint tenancy, tenancy in common, or other co-ownership file a verified complaint in the circuit court where the land sits to force a partition, and confirms that mineral and surface interests can be split apart even when one co-owner holds only one of them.
Full Text of 735 ILCS 5/17-101
Plain-English Summary
This section opens Article XVII by naming who can sue and where. Any one or more co-owners of land held in joint tenancy, tenancy in common, or another form of co-ownership may compel a partition by verified complaint in the circuit court of the county where the property, or part of it, sits. The right runs regardless of whether the co-owners are minors or adults. Property governed instead by the Uniform Partition of Heirs Property Act follows that Act's own process, and this section carves it out rather than folding it in.
When the land spans two or more counties, the plaintiff may file in any one of them. Whichever court first takes up the case keeps sole and exclusive jurisdiction over it, so a co-owner cannot restart the fight in a second county after another has already begun hearing it.
The rest of the section addresses split mineral and surface estates. Owning a surface interest doesn't block a co-owner of the minerals below from seeking partition of the mineral estate, and the reverse holds too: a mineral owner's interest doesn't stop a surface co-owner from partitioning the surface. The same logic extends to co-owned minerals themselves — owning only some of several minerals doesn't prevent partition of that co-owned mineral estate. The General Assembly added this language to confirm existing law on mineral partition rather than to change it, and it says so directly. It also makes clear that none of this lets a coal-mineral owner strip and remove coal by surface mining without first getting every surface owner's consent.
Frequently Asked Questions
Who can file a partition action in Illinois?
Any one or more of the co-owners interested in land held in joint tenancy, tenancy in common, or another form of co-ownership may file a verified complaint to compel partition.
Where do I file a partition complaint?
In the circuit court of the county where the land, or part of it, is located. If the land spans two or more counties, you may file in any one of them, and the court that first takes the case keeps exclusive jurisdiction over it.
Does owning only the mineral rights, and not the surface, block a partition of the minerals?
No. A co-owner's interest in the surface doesn't prevent partition of the mineral estate below it, and a co-owner's mineral interest doesn't prevent partition of the surface.
Can a coal owner strip-mine the property without the surface owners' consent under this section?
No. The section states plainly that nothing in it allows removing coal by surface mining without first getting the consent of every surface owner.
Does this section apply to property covered by the Uniform Partition of Heirs Property Act?
No. The section expressly excludes property governed by that Act, which follows its own separate procedure.
Amendment History
(Source: P.A. 101-520, eff. 8-23-19.)
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
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