If any party to the action is entitled to an estate of homestead in the premises, or any part thereof, and the homestead has not been set off, the homestead may be set off by the court; and if the court so directs, the premises so allotted or set off may be partitioned among the claimants, subject thereto.
17-112.Homestead.
Article XVII. Partition · Last amended 2004 · Last verified July 20, 2026
In one sentenceLets the court set off an unallotted homestead estate before dividing the property, so any partition of the remaining premises among the co-owners happens subject to that carved-out homestead.
Full Text of 735 ILCS 5/17-112
Plain-English Summary
Not every co-owner's interest is a plain ownership share; some hold a homestead estate instead. If a party to a partition action is entitled to an estate of homestead in the premises, or part of them, and that homestead hasn't already been set off, the court may set it off as part of the case.
Once the court directs that, the rest of the premises can be partitioned among the other claimants, but only subject to the homestead the court just carved out. The homestead interest doesn't disappear into the partition — it stands apart from whatever division or sale follows.
Frequently Asked Questions
What happens to a homestead estate when property goes through partition?
If it hasn't already been set off, the court may set off the homestead as part of the partition action.
Does the rest of the property still get partitioned once the homestead is set off?
Yes. The court can direct that the remaining premises be partitioned among the claimants, subject to the homestead already set off.
Is setting off the homestead mandatory in every partition case?
The section frames it as something the court may do, tied to whether a party is entitled to a homestead estate that hasn't yet been set off.
Who decides whether the homestead has already been set off?
The court, based on whether the homestead has already been set off before the partition action.
Does this section set the dollar value of the homestead estate?
No. It addresses setting off the homestead within a partition case, not the exemption amount, which is fixed elsewhere.
Amendment History
(Source: P.A. 93-925, eff. 8-12-04.)
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: homestead estate in partition action illinoissetting off homestead before partition illinoispartition and homestead rights illinoisco-owner homestead partition illinois