Article XVII. Partition · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets the court sell a life, years, or homestead estate along with the rest of the property when its holder consents in writing, or decide the question itself when that person can't consent, and directs how the value of that estate is paid out afterward.
Full Text of 735 ILCS 5/17-120
Text size
In case of sale the court may, with the consent of the person entitled to an estate for life, or for years, or of homestead, to the whole or any part of the premises, who is a party in the action, sell such estate with the rest. Such consent shall be in writing, signed by such person, and filed in the court wherein the proceedings for partition are pending. If such persons are incapable of giving consent, the court may determine, taking into consideration the interests of all parties, whether such estate ought to be excluded from the sale or sold.
When such interest is sold, the value thereof may be ascertained and paid over in gross, or the proper proportion of the funds invested, and the income paid over to the party entitled thereto, during the continuance of the estate.
Plain-English Summary
A partition sale can sweep in more than the fee interests being divided. With the written, filed consent of a party who holds an estate for life, for years, or of homestead in the whole or part of the premises, the court may sell that estate along with the rest. If the holder is incapable of consenting, the court itself weighs the interests of all parties and decides whether that estate should be excluded from the sale or sold with everything else.
When the lesser estate is sold, the section gives two ways to handle its value: pay it over in a lump sum, or invest the proportionate share of the funds and pay the income to the person entitled to it for as long as the estate would have continued.
Frequently Asked Questions
Can a court sell a life estate as part of a partition sale?
Yes, with the written consent of the person entitled to the life estate, filed in the partition proceeding.
What if the life or homestead estate holder can't give consent?
The court decides, considering the interests of all parties, whether that estate should be excluded from the sale or sold with the rest.
How must consent to sell a life or homestead estate be given?
In writing, signed by the person holding the estate, and filed in the court where the partition proceedings are pending.
How is a sold life estate's value paid to its holder?
Either as a lump sum, or by investing the proportionate share of the proceeds and paying the income to that person for as long as the estate would have lasted.
Does this section apply to homestead estates as well as life estates?
Yes. It covers an estate for life, for years, or of homestead, in the whole or any part of the premises.
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:selling a life estate in partition illinoishomestead consent partition sale illinoislife estate proceeds partition illinoisselling homestead interest in partition illinois