The court shall ascertain and declare the rights, titles and interest of all the parties in such action, the plaintiffs as well as the defendants, and shall enter judgment according to the rights of the parties. After entry of judgment adjudicating the rights, titles, and interests of the parties, the court upon further hearing shall determine whether or not the premises or any part thereof can be divided among the parties without manifest prejudice to the parties in interest. If the court finds that a division can be made, then the court shall enter further judgment fairly and impartially dividing the premises among the parties with or without owelty. If the court finds that the whole or any part of the premises sought to be partitioned cannot be divided without manifest prejudice to the owners thereof and is not governed by the Uniform Partition of Heirs Property Act, then the court shall order the premises not susceptible of division to be sold at public sale in such manner and upon such terms and notice of sale as the court directs. If the court orders the sale of the premises or any part thereof, the court shall fix the value of the premises to be sold. No sale may be approved for less than two-thirds of the total amount of the valuation of the premises to be sold. If it appears to the court that any of the premises will not sell for two-thirds of the amount of the valuation thereof, the court upon further hearing may either revalue the premise and approve the sale or order a new sale.
17-105.Judgment.
Article XVII. Partition · Last amended 2019 · Last verified July 20, 2026
In one sentenceDirects the court to first declare each party's rights and interests, then decide whether the land can be divided without unfairly harming anyone, dividing it if so or ordering a public sale if not, with no sale approved for less than two-thirds of the court's valuation.
Full Text of 735 ILCS 5/17-105
Plain-English Summary
This section carries a partition case from a declaration of rights to a final outcome. The court first ascertains and declares the rights, titles, and interests of every party, plaintiff and defendant alike, entering judgment accordingly. Only after that does it turn, at a further hearing, to whether the premises can be divided among the parties without manifest prejudice to anyone's interest.
If a fair division is possible, the court enters a further judgment dividing the premises, with owelty if needed to equalize unequal shares. If it isn't possible, and the property isn't governed by the Uniform Partition of Heirs Property Act, the court orders the indivisible portion sold at public sale on terms and notice the court sets.
Before any sale, the court fixes the property's value. No sale may be approved for less than two-thirds of that valuation. If it looks like the property won't fetch two-thirds of its valuation, the court can revalue the property and approve the sale at the new figure, or order a new sale altogether.
Frequently Asked Questions
What does the court decide first in a partition case?
The rights, titles, and interests of all the parties, plaintiff and defendant, entering judgment on that question before addressing division or sale.
What standard does the court use to decide whether to divide the land instead of selling it?
Whether the premises can be divided among the parties without manifest prejudice to the parties in interest.
What is owelty in an Illinois partition judgment?
A payment the court can order as part of a division judgment to equalize shares that aren't naturally equal in value.
Can the court approve a sale for less than the land is worth?
No sale may be approved for less than two-thirds of the court's fixed valuation of the premises.
What happens if the property won't sell for two-thirds of its valuation?
The court may revalue the property and approve the sale at the new figure, or order a new sale.
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
Also known as: illinois partition sale two-thirds valuation ruleowelty partition illinoiscourt ordered sale of jointly owned property illinoismanifest prejudice partition division illinois