Current through 2024 Regular Session legislation effective June 6, 2024
Section 93.180 - 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 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.Amended by 2015 Ch. 629,§ 5, eff. 1/1/2016.Amended by 1983 c.555 §1; 2007 c. 64, § 1