ORS 93.180: Forms of tenancy in conveyance or devise to two or more persons.
Where this section sits in the code
- 03 - Landlord-Tenant, Domestic Relations, Probate
- 10. Property Rights and Transactions
- Chapter 93 — Conveyancing and Recording
(1) A conveyance or devise of real property, or an interest in real property, that is made to two or more persons:
(a) Creates a tenancy in common unless the conveyance or devise clearly and expressly declares that the grantees or devisees take the real property with right of survivorship.
(b) Creates a tenancy by the entirety if the conveyance or devise is to spouses married to each other unless the conveyance or devise clearly and expressly declares otherwise.
(c) Creates a joint tenancy as described in ORS 93.190 if the conveyance or devise is to a trustee or personal representative.
(2) A declaration of a right to survivorship creates a tenancy in common in the life estate with cross-contingent remainders in the fee simple.
(3) Except as provided in ORS 93.190, joint tenancy in real property is abolished and the use in a conveyance or devise of the words “joint tenants” or similar words without any other indication of an intent to create a right of survivorship creates a tenancy in common.
Collected 2026-09-03T23:50:11Z. Source file · JSON