If a person to whom any share has been allotted is evicted by a person who, at the time of the partition, had a title older and better than the title of those who were parties to the action, the person evicted may have a new partition of the residue as if no partition had been made, if such new partition can be justly made, or he or she may have contribution from the others, so as to make his or her share just and proportional with the others, according to the rights in the premises.
17-115.Eviction by person with better title.
Article XVII. Partition · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a party who is evicted from an allotted share by someone with older and better title, dating from before the partition, either seek a new partition of what's left or get contribution from the other parties to make their share fair again.
Full Text of 735 ILCS 5/17-115
Plain-English Summary
Partition divides the parties' own interests, but it cannot manufacture title that never existed. If someone whose title, at the time of the partition, was older and better than that of the parties evicts a person who received a share in the case, this section gives the evicted person two paths forward.
The first is a new partition of what remains, treated as if no partition had ever been made, when that fresh division can be justly carried out. The second is contribution from the other parties, adjusting things so the evicted person's share becomes fair and proportional to what everyone else received, measured against the parties' actual rights in the premises.
Frequently Asked Questions
What happens if someone with a better title evicts a party after partition?
The evicted person may seek a new partition of the residue as if none had been made, or may seek contribution from the other parties to make their share fair and proportional.
Whose title has to be better for this section to apply?
A title that was older and better than that of the parties to the partition action, as of the time of the partition.
Can the evicted party always get a brand-new partition?
Only if a new partition of the residue can be justly made; otherwise the remedy is contribution from the other parties.
What does contribution accomplish here?
It adjusts matters among the parties so the evicted person's share becomes just and proportional to the others, according to everyone's rights in the premises.
Does this section protect against ordinary title disputes among the original parties?
No. It addresses eviction by someone outside the case who held better title before the partition occurred.
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: eviction after partition better title illinoisparamount title partition illinoiscontribution among co-owners after eviction illinoisnew partition after eviction illinois