When a sale of premises is made, and no person appears to claim such portion of the money as may belong to any non-resident or person whose name is unknown, the court shall require such money to be deposited in the county treasury, subject to the further order of the court. All money so required to be deposited shall be received by the county treasurer and paid upon the order of the court.
17-122.Deposit of proceeds of sale.
Article XVII. Partition · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires sale proceeds belonging to a non-resident or a person whose name is unknown, when no one appears to claim them, to be deposited in the county treasury, held and paid out only on the court's order.
Full Text of 735 ILCS 5/17-122
Plain-English Summary
Not every dollar from a partition sale finds a claimant right away. When a sale is made and no one appears to claim the portion of the money belonging to a non-resident or to a person whose name is unknown, this section requires that money to be deposited in the county treasury, subject to the court's further order.
The county treasurer takes custody of it from there, receiving the deposit and paying it out only on the court's order. The money doesn't sit idle without a mechanism for release; the following section spells out how the rightful owner eventually gets it.
Frequently Asked Questions
What happens to sale proceeds when no one claims a non-resident's share?
The court requires that money to be deposited in the county treasury, subject to its further order.
Who holds unclaimed partition sale proceeds?
The county treasurer, who receives the deposited money and pays it out only on the court's order.
Does this section apply only to non-residents?
No. It also covers money belonging to a person whose name is unknown.
Can the county treasurer release the money without a court order?
No. All money deposited under this section is paid only upon the order of the court.
How does a rightful owner eventually get deposited money?
By applying to the court that ordered the sale, as described in the following section.
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: unclaimed partition proceeds illinoisdepositing sale proceeds county treasury illinoisunknown owner partition money illinoisnon-resident partition proceeds illinois