The verified complaint shall particularly describe the premises sought to be divided, and shall set forth the interests of all parties interested therein, so far as the same are known to the plaintiffs, including tenants for years or for life, and of all persons entitled to the reversion, remainder or inheritance, and of every person who, upon any contingency, may be or become entitled to any beneficial interest in the premises, so far as the same are known to the plaintiffs, and shall ask for the division and partition of the premises according to the respective rights of the parties interested therein, or in accordance with the Uniform Partition of Heirs Property Act.
17-102.Complaint.
Article XVII. Partition · Last amended 2019 · Last verified July 20, 2026
In one sentenceSpells out what a partition complaint must contain: a precise description of the land, the known interests of everyone involved, including future and contingent interests, and a request to divide the property according to each party's rights.
Full Text of 735 ILCS 5/17-102
Plain-English Summary
This section sets the pleading standard for a partition complaint. It must particularly describe the premises to be divided and set out the interests of every party as far as the plaintiff knows them. That includes not just present co-owners but tenants for years or for life, people entitled to a reversion, remainder, or inheritance, and anyone who might, on some contingency, become entitled to a beneficial interest.
The complaint must close by asking the court to divide and partition the premises according to each party's rights, or, where it applies, in accordance with the Uniform Partition of Heirs Property Act.
Because the section ties the required detail to what the plaintiff knows, a companion section addresses what happens when names, shares, or interests remain unknown or uncertain.
Frequently Asked Questions
What must a partition complaint describe?
The premises sought to be divided, described with particularity, and the interests of all parties known to the plaintiff.
Do future or contingent interests need to be included in the complaint?
Yes. The complaint must set out the interests of tenants for years or for life, those entitled to a reversion, remainder, or inheritance, and anyone who might become entitled to a beneficial interest on some contingency.
What must the complaint ask the court to do?
Divide and partition the premises according to the respective rights of the interested parties, or in accordance with the Uniform Partition of Heirs Property Act where that Act applies.
Does the complaint have to name every possible interest with certainty?
Only so far as those interests are known to the plaintiff. A related section covers what to state when parties or their shares are unknown or uncertain.
Does this section require the complaint to be verified?
The complaint is described as verified, consistent with the verified-complaint requirement for compelling partition.
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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