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735 ILCS 5/12-112
(735 ILCS 5/12-112) (from Ch. 110, par. 12-112)
Sec. 12-112. What liable to enforcement. 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.
(Source: P.A. 99-85, eff. 1-1-16.)
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