(a) In determining under Section 8(a) whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following:
         (1) whether the heirs property practicably can be
    
divided among the cotenants;
        (2) whether partition in kind would apportion the
    
property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
        (3) evidence of the collective duration of ownership
    
or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
        (4) a cotenant’s sentimental attachment to the
    
property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
        (5) the lawful use being made of the property by a
    
cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
        (6) the degree to which the cotenants have
    
contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property;
        (7) the tax consequences; and

Terms Used In Illinois Compiled Statutes 755 ILCS 75/9

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

         (8) any other relevant factor.
     (b) The court may not consider any one factor in subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances.
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