Any two or more persons claiming the same premises as joint tenants or tenants in common, may join in an action for the recovery thereof, or any one may sue alone for his or her share.
6-105.Joinder of plaintiffs.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets two or more people who claim the same property as joint tenants or tenants in common join together in one ejectment action, or lets any one of them sue alone to recover only their own share.
Full Text of 735 ILCS 5/6-105
Plain-English Summary
Property is often held by more than one person at once, and this section addresses how co-owners bring ejectment. Where two or more people claim the same premises as joint tenants or tenants in common, they may join as co-plaintiffs in a single action for the recovery of that property.
The section also protects a co-owner who prefers, or is left, to sue alone. Any one of the co-owners may bring the action individually for their own share, without joining the others. That flexibility matters in ejectment, where co-owners do not always agree on litigation strategy or timing.
Read alongside 6-123, which addresses what happens when one of several joined plaintiffs fails to prove an interest, and 6-124, which governs recovery against multiple defendants, this section supplies the front end of multi-party ejectment cases: it decides who may stand together as plaintiffs and who may proceed on their own.
Frequently Asked Questions
Can co-owners of property bring one lawsuit together?
Yes. Joint tenants or tenants in common claiming the same premises may join as plaintiffs in a single ejectment action.
Does a co-owner have to join with the others to sue?
No. Any one co-owner may sue alone for their own share of the premises.
Does this section apply to owners other than joint tenants or tenants in common?
The section names joint tenants and tenants in common specifically as the co-ownership forms it covers.
What happens if one joined plaintiff cannot prove an interest?
This section addresses joinder itself; 6-123 separately provides that a failure of proof by one plaintiff does not prevent the others from recovering according to their own rights.
Why would a co-owner choose to sue alone instead of joining the others?
The section does not say why, but it preserves that option, letting a co-owner pursue only their own share without depending on the others joining the action.
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: joint tenants suing for possession illinoistenants in common ejectment actionco-owner sues alone for share of propertymultiple plaintiffs ejectment illinois