2005 Illinois 735 ILCS 5/ Code of Civil Procedure. Part 9 - Exemption Of Homestead
(735 ILCS 5/Art. XII Pt. 9 heading)
Part 9.
Exemption of Homestead
(735 ILCS 5/12‑901)
(from Ch. 110, par. 12‑901)
Sec. 12‑901. Amount. Every individual
is entitled to an estate of
homestead to the extent in value of $15,000 of his or her
interest in
a farm or lot of land and
buildings thereon, a condominium, or personal property,
owned or rightly possessed by lease or otherwise
and occupied by him or her as a residence, or in a cooperative that owns
property that the individual uses as a residence. That
homestead and all
right in and title to that homestead is exempt from
attachment, judgment, levy,
or judgment sale for the payment of his or her debts or other purposes and
from the laws of conveyance, descent, and legacy, except as provided in this
Code or in Section 20‑6 of
the Probate Act of
1975. This
Section is not
applicable
between joint tenants or tenants in common but it is applicable as to any
creditors of those persons.
If 2 or more individuals own property that is exempt as a homestead, the
value of the exemption of each individual may not exceed his or her
proportionate share of $30,000 based upon percentage of
ownership.
(Source: P.A. 94‑293, eff. 1‑1‑06.)
(735 ILCS 5/12‑902) (from Ch. 110, par. 12‑902)
Sec. 12‑902.
Exemption after death or desertion.
Such exemption shall
continue after the death of such
individual, for the benefit of the spouse surviving,
so long as he or she continues to occupy such homestead, and of the children
until the youngest child becomes 18 years of age; and in case the spouse
deserts his or her family, the exemption shall continue in favor of the
one occupying the premises as a residence.
(Source: P.A. 82‑783.)
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(735 ILCS 5/12‑903) (from Ch. 110, par. 12‑903)
Sec. 12‑903.
Extent of exemption.
No property shall, by virtue of Part
9 of Article XII of this Act, be exempt
from sale for
nonpayment of taxes or assessments, or for a debt or liability incurred
for the purchase or improvement thereof, or for enforcement of a lien
thereon pursuant to paragraph (g)(1)
of Section 9 of the "Condominium
Property Act", approved June 20, 1963, as amended,
or be exempt from enforcement of a judgment for possession
pursuant to paragraph (a)(7) or (a)(8) of Section 9‑102 of this Code.
This amendatory Act of the 92nd General Assembly is intended as a
clarification of existing law and not as a new enactment.
(Source: P.A. 92‑540, eff. 6‑12‑02.)
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(735 ILCS 5/12‑903.5)
Sec. 12‑903.5. Drug asset forfeitures.
(a) The homestead exemption under this Part 9 of Article XII does not apply
to property subject to forfeiture under Section 505 of the Illinois Controlled
Substances Act, Section 12 of the Cannabis Control Act, Section 85 of the Methamphetamine Control and Community Protection Act, or Section 5 of the
Narcotics Profit Forfeiture Act.
(b) This Section applies to actions pending on or commenced on or after the
effective date of this Section.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
(735 ILCS 5/12‑904)
(from Ch. 110, par. 12‑904)
Sec. 12‑904. Release, waiver or conveyance. No release, waiver or conveyance of the estate so exempted shall be
valid, unless the same is in writing, signed by the individual
and his
or her spouse, if he or she have one, or possession is abandoned or
given pursuant to the conveyance; or if the exception is continued to a
child or children without the order of a court directing a release
thereof; but if a conveyance is made by an individual
as grantor to his
or her spouse, such conveyance shall be effectual to pass the title
expressed therein to be conveyed thereby, whether or not the grantor in
such conveyance is joined therein by his or her spouse.
In any case
where such release, waiver or conveyance is taken by way of
mortgage or security, the same shall only be operative as to such
specific release, waiver or conveyance; and when the same includes
different pieces of land, or the homestead is of greater value than
$15,000, the other lands shall first be sold before resorting to
the
homestead, and in case of the sale of such homestead, if any balance
remains after the payment of the debt and costs, such balance
shall, to the extent of $15,000 be exempt, and be applied upon
such
homestead exemption in the manner provided by law.
(Source: P.A. 94‑293, eff. 1‑1‑06.)
(735 ILCS 5/12‑905) (from Ch. 110, par. 12‑905)
Sec. 12‑905.
Dissolution of marriage.
In case of a dissolution of marriage,
the court granting the dissolution of marriage may
dispose of the homestead estate according to the equities of the case.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑906)
(from Ch. 110, par. 12‑906)
Sec. 12‑906. Proceeds of sale. When a homestead is conveyed by the owner
thereof, such
conveyance shall not subject the premises to any lien or incumbrance to
which it would not be subject in the possession of such owner; and the
proceeds thereof, to the extent of the amount of $15,000, shall
be
exempt from judgment or other process, for one year after the receipt
thereof, by the person entitled to the exemption, and if reinvested in a
homestead the same shall be entitled to the same exemption as the
original homestead.
(Source: P.A. 94‑293, eff. 1‑1‑06.)
(735 ILCS 5/12‑907) (from Ch. 110, par. 12‑907)
Sec. 12‑907.
Insurance proceeds.
Whenever a building, exempted as a
homestead, is insured in
favor of the person entitled to the exemption, and a loss occurs,
entitling such person to the insurance, such insurance money shall be
exempt to the same extent as the building would have been had it not
been destroyed.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑908) (from Ch. 110, par. 12‑908)
Sec. 12‑908.
Enforcement of lien.
In the enforcement of a lien in
the circuit court upon
premises, including the homestead, if such right is not waived or
released, as provided in Part 9 of Article XII of this Act, the court
may set off the homestead
and order the sale of the balance of the premises, or, if the value of
the premises exceeds the exemption, and the premises cannot be divided, the court
may order the sale of the whole and the payment of the amount of the
exemption to the person entitled thereto.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑909)
(from Ch. 110, par. 12‑909)
Sec. 12‑909. Bid for less than exempted amount. No sale shall be made
of the premises on such judgment
unless a greater sum than $15,000 is bid therefor. If a
greater sum is not so bid, the judgment may be set aside or modified, or
the enforcement of the judgment released, as for lack of property.
(Source: P.A. 94‑293, eff. 1‑1‑06.)
(735 ILCS 5/12‑910)
(from Ch. 110, par. 12‑910)
Sec. 12‑910. Proceedings to enforce judgment. If in the opinion of the
judgment creditors, or the officer holding a certified copy of a judgment
for enforcement against such individuals, the premises claimed by him or her
as exempt are worth more than $15,000, such officer shall summon
3 individuals,
as commissioners, who shall, upon oath, to be administered
to them by the officer, appraise the premises, and if, in their opinion,
the property may be divided without damage to the interest of the
parties, they shall set off so much of the premises, including the dwelling
house, as in their opinion is worth $15,000, and the
residue of the premises may be advertised and sold by such officer. Each
commissioner shall receive for his or her services the sum of $5 per day
for each day necessarily engaged in such service. The officer summoning such
commissioners shall receive such fees as may be allowed for serving
summons, but shall be entitled to charge mileage for only the actual
distance traveled from the premises to be appraised, to the residence of
the commissioners summoned. The officer shall not be required
to summon commissioners until the judgment creditor, or some one for him
or her, shall advance to the officer one day's fees for the commissioners,
and unless the creditor shall advance such fees the officer shall not be
required to enforce the judgment. The costs of such appraisement shall not
be taxed against the judgment debtor unless such appraisement
shows that the judgment debtor has property subject to such judgment.
(Source: P.A. 94‑293, eff. 1‑1‑06.)
(735 ILCS 5/12‑911)
(from Ch. 110, par. 12‑911)
Sec. 12‑911. Notice to judgment debtor. In case the value of the premises
is, in the opinion of the commissioners, more than $15,000, and
cannot be
divided as is provided for in Section 12‑910 of this Act, they shall make
and sign an appraisal of the value thereof, and deliver the same to the
officer, who shall deliver a copy thereof to the judgment debtor, or to
some one of the family of the age of 13 years or upwards, with a
notice thereto attached that
unless the judgment debtor pays to such officer the surplus over and above
$15,000 on the amount due on the judgment within 60 days
thereafter, such
premises will be sold.
(Source: P.A. 94‑293, eff. 1‑1‑06.)
(735 ILCS 5/12‑912)
(from Ch. 110, par. 12‑912)
Sec. 12‑912. Sale of premises ‑ Distribution of proceeds. In case of such
surplus, or the amount due on the judgment is
not paid within the 60 days, the officer may advertise and sell the premises,
and out of the proceeds of such sale pay to such judgment debtor the sum
of $15,000, and apply the balance on the judgment.
(Source: P.A. 94‑293, eff. 1‑1‑06.)
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