IllinoisHB4896104th General Assembly (2025–2026)HouseWALLET

CIV PRO-TENANTS IN COMMON

Sponsored By: Sponsor information unavailable

Became Law

Summary

Amends the Code of Civil Procedure. Establishes a process for a tenant in common or tenants in common who have inherited real property under the intestate provisions of the Probate Act of 1975 to obtain legal title to that property. Provides that the petitioner or petitioners must have been in actual possession for 7 years and have paid all taxes on the property during those 7 years. Requires that the petitioner or petitioners must file a signed declaration with the recorder of deeds at least 2 years before an action under the new provisions may be commenced stating intent to acquire title using the process under the new provisions, send notice to any other person or persons with an ownership interest in the property, and publish a notice of the action in a newspaper of general circulation in the jurisdiction where the property is located. Permits persons with ownership to oppose the petition. Makes other changes.

judiciary - civilassignments

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Low-income heirs can secure sole title

The law lets certain heirs ask a court to make them the sole owner. Your household income must be at or below 80% of your county’s HUD area median income. You must have had exclusive possession and paid all property taxes for seven straight years; no other co-owner paid taxes, did upkeep, or asserted a claim. A mortgage lender’s tax payments do not count. You must search for other owners and, at least two years before filing, record a signed declaration with the county. After the search, send certified and first-class mail to known owners, email or text if possible, and publish one notice in a local paper. If you meet these steps and no bona fide owner files an objection, the court can grant you sole title.

Co-owners can file an objection

Any person who owns a share can file a signed objection with the county recorder. The objection must describe the property, say you have an ownership interest, and clearly state you object. Filing an objection can block a later claim for sole ownership.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Dave Vella

    Affiliation unavailable

  • Jennifer Gong-Gershowitz

    Affiliation unavailable

  • Mary Beth Canty

    Affiliation unavailable

  • Robert F. Martwick

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 193 • No: 7

Senate vote 5/14/2026

Third Reading - Passed;

Yes: 57 • No: 0

House vote 4/16/2026

Third Reading - Short Debate - Passed

Yes: 105 • No: 0

House vote 4/15/2026

House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee;

Yes: 18 • No: 0

House vote 3/19/2026

Do Pass as Amended / Short Debate Judiciary - Civil Committee;

Yes: 13 • No: 7

Actions Timeline

  1. Public Act . . . . . . . . . 104-0506

    6/26/2026House
  2. Effective Date January 1, 2027

    6/26/2026House
  3. Governor Approved

    6/26/2026House
  4. Sent to the Governor

    6/12/2026House
  5. Passed Both Houses

    5/14/2026House
  6. Third Reading - Passed; 057-000-000

    5/14/2026Senate
  7. Placed on Calendar Order of 3rd Reading May 5, 2026

    4/30/2026Senate
  8. Second Reading

    4/30/2026Senate
  9. Placed on Calendar Order of 2nd Reading April 29, 2026

    4/28/2026Senate
  10. Approved for Consideration Assignments

    4/28/2026Senate
  11. Added Co-Sponsor Rep. Dave Vella

    4/22/2026House
  12. Referred to Assignments

    4/21/2026Senate
  13. First Reading

    4/21/2026Senate
  14. Chief Senate Sponsor Sen. Robert F. Martwick

    4/21/2026Senate
  15. Placed on Calendar Order of First Reading

    4/21/2026Senate
  16. Arrive in Senate

    4/21/2026Senate
  17. Added Co-Sponsor Rep. Mary Beth Canty

    4/17/2026House
  18. Third Reading - Short Debate - Passed 105-000-000

    4/16/2026House
  19. Placed on Calendar Order of 3rd Reading - Short Debate

    4/16/2026House
  20. House Floor Amendment No. 2 Adopted

    4/16/2026House
  21. House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 018-000-000

    4/15/2026House
  22. House Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee

    4/14/2026House
  23. Held on Calendar Order of Second Reading - Short Debate

    4/10/2026House
  24. Second Reading - Short Debate

    4/10/2026House
  25. House Floor Amendment No. 2 Referred to Rules Committee

    4/10/2026House

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • Introduced

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