• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

how can we do this?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

susieq97446

Junior Member
What is the name of your state (only U.S. law)? Oregon..

My husband and I bought a home together. The deed is held in "tenants in common"...We want to have the property pass to the survivor if one of us should die. Do we need to have the deed changed to "tenants by the entirety"?
Susan
 


S

susieq97446

Junior Member
The lady at the title/escrow office says that since we are married, ownership will pass to the surviving spouse anyway, so changing the way the deed is recorded is not necessary..I just hoped to verify that she is correct without spending a buch of money at the attorney...
 
A

anteater

Senior Member
Well... I am not in Oregon and I don't think that any of the regular responders here are from Oregon. But, in most states that recognize tenancy by the entirety, property held jointly by husband and wife is presumed to be held by the entirety unless stated otherwise. The problem is that you state that it is explicitly held as tenants in common.

This is from a quick search of the Oregon statutes:

§ 93.180¹
Forms of tenancy in conveyance or devise to two or more persons

(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 a husband and wife unless the conveyance or devise clearly and expressly declares otherwise.

(c) Creates a joint tenancy as described in ORS 93.190 (Trustees or personal representatives as joint tenants) if the conveyance or devise is to a trustee or personal representative....
Click to expand...
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top