In any case where, after judgment of partition, and before division or sale is had (as the case may be), the parties in interest adjust the respective rights among themselves so that further proceedings leading to such actual division or sale become unnecessary, an order shall be entered terminating further proceedings, whereupon the judgment of partition shall remain in full force and effect to determine the rights and interests of the parties as adjudicated therein, and there shall be no judicial division or sale of the premises, rights or interests pursuant to such judgment.
17-126.Adjustment of rights after judgment.
Article XVII. Partition · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets parties who reach their own agreement after a partition judgment, but before the actual division or sale, end further court proceedings by order while the judgment's declaration of rights stays in force and no judicial division or sale ever occurs.
Full Text of 735 ILCS 5/17-126
Plain-English Summary
Not every partition case runs all the way to a division or sale. This section covers what happens when, after judgment but before the actual division or sale takes place, the parties in interest work out their own adjustment of rights, making the remaining court proceedings unnecessary.
In that situation, the court enters an order terminating further proceedings. The judgment of partition itself doesn't disappear — it remains in full force and effect to determine the rights and interests the court already adjudicated. What does disappear is the judicial division or sale that would otherwise have followed; none occurs once the parties have settled the matter themselves.
Frequently Asked Questions
Can co-owners settle a partition case after judgment but before the sale happens?
Yes. If the parties adjust their respective rights among themselves, making further division or sale proceedings unnecessary, an order is entered terminating further proceedings.
Does the original partition judgment still matter after the parties settle?
Yes. It remains in full force and effect to determine the rights and interests of the parties as already adjudicated.
Is there still a judicial sale or division after the parties adjust their rights this way?
No. The section specifies there is no judicial division or sale pursuant to the judgment once the parties have made their own adjustment.
What triggers this section?
An adjustment of rights by the parties themselves, occurring after judgment and before the division or sale is carried out.
Who enters the order ending further proceedings?
The court, once it's shown that the parties' own adjustment has made further proceedings unnecessary.
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: settling a partition case after judgment illinoisterminating partition proceedings illinoisparties adjust rights partition judgment illinoisending partition case by agreement illinois