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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/12-902
(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
(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 this Article, 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 an eviction order
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. 100-173, eff. 1-1-18 .)
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735 ILCS 5/12-903.5
(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.)
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735 ILCS 5/12-904
(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.)
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735 ILCS 5/12-905
(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
(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.)
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735 ILCS 5/12-907
(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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