A partition action enables you to force the sale of property when coowners are refusing to sell. All Illinois Courts must accept these forms.A partition action must be initiated with a verified complaint filed in the circuit court of the county where the land is located. A partition agreement may be an express statement that the right to partition is waived. Under this statutory provision, an effective release or waiver of homestead rights requires the consent of both spouses. An Illinois divorce court must include the third party on the deed to a marital property if the Illinois court wishes to properly finalize the divorce. Summary of Illinois Lien Waiver requirements and laws for Illinois construction projects including free forms, FAQs, resources and more. If an agreement is successfully negotiated, a probate lawyer can help with drawing up a legally binding contract for both parties to sign. The agreement is binding upon the signatories and future heirs. A partition lawsuit can end in the forced sale of jointly owned real estate.