Several parties interested in the premises may, if they so elect, have their shares set off together or in severalty.
17-113.Election as to shares.
Article XVII. Partition · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceGives co-owners the choice to have their partition shares set off together as a single combined parcel, instead of each receiving a separate share.
Full Text of 735 ILCS 5/17-113
Plain-English Summary
This section is brief but practical. Several parties interested in the premises may, if they choose, have their shares set off together rather than in severalty. Co-owners who'd rather stay joined after partition, instead of each taking a separate slice, can elect that outcome.
The choice belongs to the parties themselves, not the court. It works alongside the division and sale mechanics elsewhere in the article, giving co-owners a way to shape the outcome of their own case.
Frequently Asked Questions
Can co-owners choose to keep their shares combined after partition instead of splitting them separately?
Yes. Several interested parties may elect to have their shares set off together rather than in severalty.
Who makes the election to combine shares?
The parties interested in the premises themselves.
Does the court have to approve the parties' election to combine shares?
The section frames it as the parties' election, exercised within the partition action.
What is the alternative to setting off shares together?
Having them set off in severalty, meaning each party receives a separate, individual share.
Does this apply only to two co-owners?
No. The section refers to several parties interested in the premises, without limiting the number.
Amendment History
(Source: P.A. 82-280.)
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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