A person having a mortgage, attachment, or other lien on the share of a part owner shall be concluded by the judgment of partition so far as it relates to the partition and the assignment of the shares, but his or her lien shall remain in full force upon the part assigned to or left for such part owner.
17-114.Liens.
Article XVII. Partition · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceBinds a mortgage, attachment, or other lien holder on a co-owner's share to the partition judgment for purposes of dividing and assigning shares, while keeping that lien fully in force against whatever part is assigned to that co-owner.
Full Text of 735 ILCS 5/17-114
Plain-English Summary
A partition judgment doesn't wipe out existing liens on a co-owner's interest; it relocates them. This section binds anyone holding a mortgage, attachment, or other lien on a part owner's share to the judgment of partition, so far as that judgment relates to the partition itself and the assignment of shares.
What the lien holder doesn't lose is the lien. It remains in full force on whatever part the court assigns to, or leaves for, that particular part owner. The lien follows the owner's allotted share rather than being extinguished by the partition proceeding.
Frequently Asked Questions
What happens to a mortgage on one co-owner's share after partition?
The mortgage holder is bound by the partition judgment as it relates to the partition and assignment of shares, but the lien remains in full force on the part assigned to that co-owner.
Does partition wipe out an attachment lien on a co-owner's interest?
No. The lien remains in full force on the part of the premises assigned to or left for that part owner.
Is a lien holder bound by the outcome of the partition action?
Yes, so far as the judgment relates to the partition itself and the assignment of shares.
Does the lien move with the owner's share after the division?
Yes. It stays attached to whatever part is assigned to, or left for, that part owner.
Does this section cover only mortgages?
No. It covers a mortgage, attachment, or other lien on the share of a part owner.
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
Also known as: liens on co-owned property after partition illinoismortgage on co-owner share partition illinoisdoes partition remove a lien illinoisattachment lien partition judgment illinois