(a) This Act applies to partition actions filed on or after the effective date of this Act.
     (b) In an action to partition real property under Article XVII of the Code of Civil Procedure the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this Act unless all of the cotenants otherwise agree in a record.

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Terms Used In Illinois Compiled Statutes 755 ILCS 75/3

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

     (c) This Act supplements Article XVII of the Code of Civil Procedure and, if an action is governed by this Act, replaces provisions of Article XVII of the Code of Civil Procedure that are inconsistent with this Act.