Article XVII. Partition · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires the officer conducting a partition sale to file a report within 10 days, lets the court approve, disapprove, or resolve objections to it, and directs that a confirmed sale end in conveyances barring the parties and anyone claiming under them.
Full Text of 735 ILCS 5/17-118
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The officer making such sale shall, within 10 days thereafter, file a report of his or her action in the office of the clerk of the court ordering such sale. The court may approve the report and confirm the sale reported if no objections have been filed or may disapprove the sale and order the real estate to be resold; if objections have been filed to the report, the court may at once proceed to hear such objections and sustain or overrule them.
Upon confirmation of the sale, the person making the sale or some person specially appointed shall execute and deliver to the purchaser proper conveyances, taking in case of sale on credit, security as required by the judgment. These conveyances shall operate as an effectual bar against all parties and privies to the proceedings and all persons claiming under them.
Plain-English Summary
Once a public sale happens under a partition judgment, the process still needs the court's sign-off. The officer who made the sale must file a report of the sale in the clerk's office within 10 days. If no objections are filed, the court may approve the report and confirm the sale, or it may disapprove and order the property resold. If objections are filed, the court hears them and either sustains or overrules them.
Confirmation is what makes the sale final in practice. Once the court confirms it, the person who made the sale, or someone specially appointed for the purpose, executes and delivers proper conveyances to the purchaser, taking security if the sale was made on credit. Those conveyances then operate as an effective bar against all parties and privies to the case, and against anyone claiming under them.
Frequently Asked Questions
How soon must the officer report a partition sale to the court?
Within 10 days after the sale, by filing a report in the office of the clerk of the court that ordered the sale.
What can the court do with the report of sale?
Approve the report and confirm the sale, disapprove it and order a resale, or, if objections are filed, hear and sustain or overrule them.
What happens after the court confirms the sale?
The person who made the sale, or someone specially appointed, executes and delivers proper conveyances to the purchaser.
What if the sale was made on credit?
The person delivering the conveyance takes security from the purchaser as required by the judgment.
What effect do the resulting conveyances have?
They operate as an effectual bar against all parties and privies to the proceedings and all persons claiming under them.
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:confirming a partition sale illinoisreport of sale partition illinoispartition sale conveyance illinoisobjecting to a partition sale illinois