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SB 3398

CIV PRO-TENANTS IN COMMON

104th Regular Session Introduced by Jen Gong-Gershowitz and 3 co-sponsors

Illinois bill modifying civil procedures for tenants-in-common property disputes, potentially affecting co-ownership rights and dispute resolution mechanisms.

Sent to the Governor
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Bill Summary · SB 3398

Legislative bill overview

SB 3398 modifies Illinois civil procedure law regarding tenants in common—a property ownership arrangement where multiple people hold undivided interests in the same property. The bill appears to address procedural mechanisms for resolving disputes or managing property rights among co-owners. Specific language is not publicly detailed in the action history provided, but amendments filed suggest substantive changes to existing law.

Why is this important

Tenants in common arrangements affect significant real estate transactions, inheritance situations, and family properties across Illinois. Clarifying or modifying procedures in this area could impact property dispute resolution timelines, costs for co-owners, and the ability to partition or sell shared properties—affecting both individual homeowners and commercial real estate stakeholders.

Potential points of contention

  • Partition procedures: Changes to how co-owners can force sale or division of shared property may favor partition-by-sale over partition-in-kind, affecting owners who want to retain their portion
  • Creditor protections: Modifications could impact how creditors pursue claims against individual co-owners' interests, balancing debtor and creditor rights
  • Notice and consent requirements: New procedural rules might impose additional notification or consent obligations that could delay transactions or benefit certain co-owners over others

Compiled from official sources — confirm details with the bill’s official record.

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