In all proceedings for the partition of real estate, when the rights and interests of all the parties in interest are properly set forth in the complaint, the court shall apportion the costs among the parties in interest in the action, including the necessary expense of procuring such evidence of title to the real estate as is usual and customary for making sales of real estate, and a reasonable fee for plaintiff's attorney, so that each party shall pay his or her equitable portion thereof, unless the defendants, or some of them, interpose a good and substantial defense to the complaint. In such case the party or parties making such substantial defense shall recover their costs against the plaintiff according to justice and equity.
17-125.Costs.
Article XVII. Partition · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDirects the court to apportion partition costs, including title evidence expenses and a reasonable attorney fee for the plaintiff, equitably among the interested parties, unless some defendants mount a substantial defense, in which case they recover their own costs from the plaintiff.
Full Text of 735 ILCS 5/17-125
Plain-English Summary
Partition cases spread their costs across everyone who benefits from the outcome, at least as a default rule. When the rights and interests of all parties are properly set forth in the complaint, the court apportions the costs of the action among the parties in interest, so each pays an equitable portion.
Those apportioned costs include more than filing fees: they cover the necessary expense of the title evidence customary for real estate sales, and a reasonable fee for the plaintiff's attorney. The point is to spread the shared cost of clearing and dividing title among everyone who holds an interest in the land.
That default flips when a defendant fights back. If some defendants interpose a good and substantial defense to the complaint, those defendants recover their own costs against the plaintiff, according to justice and equity, rather than absorbing a share of the plaintiff's expenses.
Frequently Asked Questions
Who pays the costs of an Illinois partition action?
The court apportions costs among the parties in interest, so each pays an equitable portion, when the rights and interests of all parties are properly set forth in the complaint.
Does the plaintiff's attorney get paid out of the apportioned costs?
Yes. The apportioned costs include a reasonable fee for the plaintiff's attorney.
What other expenses count as apportioned costs?
The necessary expense of procuring the evidence of title that's usual and customary for making sales of real estate.
What happens if a defendant successfully fights the partition complaint?
A defendant who interposes a good and substantial defense recovers costs against the plaintiff, according to justice and equity, instead of sharing in the apportioned costs.
Does every defendant get costs back if only one mounts a substantial defense?
The section ties recovery to the party or parties who interpose the substantial defense, not to defendants generally.
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
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