Key Takeaways

  • Illinois recognizes tenancy in common, joint tenancy, and tenancy by the entirety
  • Joint tenancy requires the four unities: time, title, interest, and possession (TTIP)
  • Tenancy by the entirety is only available to married couples
  • Illinois is NOT a community property state
  • Homestead exemption protects up to $15,000 of equity from creditors
Last updated: January 2026

Property Ownership in Illinois

Understanding property ownership forms is essential for Illinois practice.

Co-Ownership Types

Tenancy in Common (TIC)

FeatureDetail
DefaultAssumed if not specified
SharesCan be unequal
SurvivorshipNO right of survivorship
TransferCan sell/will share
PartitionCan force sale

Joint Tenancy

FeatureDetail
SharesMust be equal
SurvivorshipYES—surviving owner inherits
Four unitiesTTIP required
SeveranceCan be broken
Express creationMust be stated

Four Unities (TTIP)

UnityMeaning
TimeAcquired same time
TitleSame deed
InterestEqual shares
PossessionEqual right to possess

Tenancy by the Entirety

FeatureDetail
WhoMarried couples only
SurvivorshipAutomatic
Creditor protectionIndividual debts can't attach
SeveranceCannot sever unilaterally
DivorceConverts to TIC

Illinois Homestead Exemption

Protection Amount

CategoryAmount
Standard$15,000
Agricultural$15,000
Must bePrincipal residence

What It Protects

ProtectedFrom
EquityJudgment creditors
HomeForced sale (up to limit)
AutomaticDoes not need filing

Exceptions

Not Protected FromDetails
MortgagePurchase money
Property taxesTax liens
Mechanic's liensWork on property
HOA liensAssociation fees

Separate Property State

ConceptIllinois Rule
Not community propertyEquitable distribution
Marital propertyDivided fairly, not equally
Separate propertyStays with original owner
DivorceCourt determines fair division

Life Estates

FeatureDetail
DurationLife of life tenant
RemainderGoes to remainderman
WasteLife tenant can't damage
SaleCan sell life estate only
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Illinois Ownership Types
Test Your Knowledge

What is the Illinois homestead exemption amount?

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Test Your Knowledge

What are the four unities required for joint tenancy?

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