ORS 93.180: Forms of tenancy in conveyance or devise to two or more persons.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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 1983 c.555 §1; 2007 c.64 §1; 2015 c.629 §5]
This rule cites
- ORS 93.190 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors093.html