If the action is brought by one or more tenants in common, or joint tenants against their co-tenants, the plaintiff, in addition to all other evidence which he or she may be bound to introduce, shall be required to prove, on the trial of the cause, that the defendant actually ousted the plaintiff, or did some other act amounting to a total denial of his or her right as such co- tenant.
6-122.Action against co-tenants.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires a plaintiff suing co-tenants -- fellow tenants in common or joint tenants -- to prove, in addition to whatever else is required, that the defendant ousted the plaintiff or committed some other act totally denying the plaintiff's right as co-tenant.
Full Text of 735 ILCS 5/6-122
Plain-English Summary
Suing a fellow co-owner presents a different problem than suing a stranger, because a co-tenant already has a right to possess the shared property. This section addresses that difference. Where the action is brought by one or more tenants in common, or joint tenants, against their own co-tenants, the plaintiff faces an added proof requirement not present in an ordinary ejectment case.
That added requirement is proof that the defendant ousted the plaintiff, or did some other act amounting to a total denial of the plaintiff's right as a co-tenant. This requirement comes on top of, not instead of, all the other evidence the plaintiff may be bound to introduce in the case.
This section is the specific proof rule that 6-120 points to when it carves co-tenant actions out of the general excusal from proving lease, entry, and ouster. Where an ordinary ejectment plaintiff need not prove ouster at all, a co-tenant plaintiff must prove exactly that, or an equivalent act of total denial.
Frequently Asked Questions
What extra proof does a co-tenant plaintiff need beyond an ordinary ejectment plaintiff?
Proof that the defendant ousted the plaintiff, or did some other act amounting to a total denial of the plaintiff's right as co-tenant.
Does this requirement replace the plaintiff's other evidence, or add to it?
It adds to it. The section requires this proof "in addition to all other evidence which he or she may be bound to introduce."
Who does this section apply to?
Actions brought by one or more tenants in common, or joint tenants, against their own co-tenants.
Why does a co-tenant plaintiff face a different proof burden than an ordinary plaintiff?
The section does not explain its reasoning, but a co-tenant already holds a right to possess the property, so proof of ouster or an equivalent act shows that right was denied.
How does this section relate to 6-120's general excusal from proving ouster?
6-120 excuses proof of lease, entry, and ouster generally, but expressly except in co-tenant actions; this section supplies the proof required in that excepted situation.
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: co-tenant ouster proof illinois ejectmentsuing joint tenant for possession illinoistenant in common ejectment against co-ownertotal denial of co-tenant's right