12-112.What liable to enforcement.

Article XII. Judgments - Enforcement · Part 1. In General · Last amended 2016 · Last verified July 20, 2026

In one sentenceAll of a debtor's non-exempt land, goods, and chattels can be sold to satisfy a judgment, but Illinois shields property held in tenancy by the entirety from sale on a judgment against only one spouse, with a narrow exception for fraudulent transfers.

Full Text of 735 ILCS 5/12-112

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All the lands, tenements, real estate, goods and chattels (except such as is by law declared to be exempt) of every person against whom any judgment has been or shall be hereafter entered in any court, for any debt, damages, costs, or other sum of money, shall be liable to be sold upon such judgment. Any real property, any beneficial interest in a land trust, or any interest in real property held in a revocable inter vivos trust or revocable inter vivos trusts created for estate planning purposes, held in tenancy by the entirety shall not be liable to be sold upon judgment entered on or after October 1, 1990 against only one of the tenants, except if the property was transferred into tenancy by the entirety with the sole intent to avoid the payment of debts existing at the time of the transfer beyond the transferor's ability to pay those debts as they become due. However, any income from such property shall be subject to garnishment as provided in Part 7 of this Article XII, whether judgment has been entered against one or both of the tenants.

If the court authorizes the piercing of the ownership veil pursuant to Section 505 of the Illinois Marriage and Dissolution of Marriage Act or Section 805 of the Illinois Parentage Act of 2015, any assets determined to be those of the non-custodial parent, although not held in name of the non-custodial parent, shall be subject to attachment or other provisional remedy in accordance with the procedure prescribed by this Code. The court may not authorize attachment of property or any other provisional remedy under this paragraph unless it has obtained jurisdiction over the entity holding title to the property by proper service on that entity. With respect to assets which are real property, no order entered as described in this paragraph shall affect the rights of bona fide purchasers, mortgagees, judgment creditors, or other lien holders who acquire their interests in the property prior to the time a notice of lis pendens pursuant to this Code or a copy of the order is placed of record in the office of the recorder of deeds for the county in which the real property is located.

This amendatory Act of 1995 (P.A. 89-438) is declarative of existing law.

This amendatory Act of 1997 (P.A. 90-514) is intended as a clarification of existing law and not as a new enactment.

End

Plain-English Summary

The baseline rule is broad: every non-exempt piece of land, tenement, real estate, and personal property a debtor owns is liable to be sold to satisfy a judgment against them.

Tenancy by the entirety gets special protection. Real property, a beneficial interest in a land trust, or an interest in certain revocable inter vivos trusts created for estate planning, when held in tenancy by the entirety, can't be sold on a judgment entered on or after October 1, 1990 against only one of the tenants. The one exception applies when the property was moved into tenancy by the entirety with the sole intent to dodge debts that already existed at the time of the transfer, beyond the transferor's ability to pay them as they came due. Even without that exception applying, income the property generates can still be garnished, whether the judgment runs against one tenant or both.

A separate paragraph addresses piercing the ownership veil in family-support proceedings under the Illinois Marriage and Dissolution of Marriage Act or the Illinois Parentage Act of 2015. If a court authorizes it, assets belonging to a non-custodial parent, even if titled in someone else's name, become subject to attachment or another provisional remedy, but only once the court has jurisdiction over the entity holding title through proper service. Anyone who bought the property, took a mortgage on it, or became a judgment creditor or other lienholder before a lis pendens notice or a copy of the order got recorded keeps their interest protected.

Frequently Asked Questions

Can a creditor force the sale of a home held in tenancy by the entirety over one spouse's debt?

Not for a judgment entered on or after October 1, 1990 against only one of the tenants, unless the property was transferred into tenancy by the entirety solely to dodge existing debts beyond the transferor's ability to pay.

What's the exception to the tenancy-by-the-entirety protection?

Where the property was placed into tenancy by the entirety with the sole intent to avoid payment of debts that already existed at the time of the transfer, beyond the transferor's ability to pay them as they became due.

Can rental income from tenancy-by-the-entirety property still be garnished?

Yes, the section allows garnishment of income from such property whether the judgment is against one or both tenants.

Can a court reach a non-custodial parent's assets that are titled in someone else's name?

Yes, if the court authorizes piercing the ownership veil under the Marriage and Dissolution of Marriage Act or the Parentage Act of 2015, after obtaining jurisdiction over the entity holding title through proper service.

Are earlier purchasers or lienholders protected against a later veil-piercing order?

Yes, if they acquired their interest in the real property before a lis pendens notice or a copy of the order was recorded with the county recorder.

Amendment History

(Source: P.A. 99-85, eff. 1-1-16.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

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