Vesting Common ways to take title in Oregon
Tenants in Common A conveyance to two or more persons (except for spouses, trustees, and personal representatives) creates a tenancy in common, unless otherwise stated in the deed. Each tenant in common shares an undivided fee ownership in the property with the other tenant(s) in common. Unless otherwise stated, the interests of the tenants in common are presumed to be equal. Tenants in common have no survivorship rights; their interests may be transferred, devised or inherited. Tenants by the Entirety A conveyance to spouses creates a tenancy by the entirety, so long as no contrary intent is stated in the deed. The grantees must be legally married. Same-sex marriages are treated no differently in Oregon than opposite- sex marriages. Each spouse owns all the interest in the property subject to each of their respective survivorship interests. Upon death, the deceased spouse’s interest in the property passes to the surviving spouse. The death certificate must be recorded in the county where the property is located. Right of Survivorship Joint tenancy for ownership of real property was abolished in Oregon. Oregon law does provide for the creation of a survivorship estate. A conveyance to individual grantees, “not as tenants in common but with the right of survivorship” creates concurrent life estates with cross-contingent remainders in the fee title. Upon death, the deceased owner’s interest in the property passes to the surviving owner(s). The death certificate must be recorded in the county where the property is located. Registered Domestic Partners Oregon registered domestic partners have all the rights and obligations of spouses under Oregon law. An Oregon registered domestic partnership is not a marriage, and there are registered domestic partners in Oregon who are not married. Tenancy by the entirety is an estate reserved for married persons. It is unclear whether a conveyance to two individuals who are registered domestic partners automatically creates a right of survivorship. A deed to Oregon registered domestic partners should state whether they intend to own the property with a right of survivorship. Some Oregon registered domestic partners have been advised by their attorneys to acquire title as “tenants in an estate with survivorship and other attributes of a tenancy by the entirety.” Note that the State of Oregon does not recognize civil unions and domestic partnerships entered into in other states.
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