Oregon Agreement to Partition Community Property (Creating Joint Tenancy with Right of Survivorship)

State:
Multi-State
Control #:
US-OG-919
Format:
Word; 
Rich Text
Instant download

Description

In some community property states, it is not permissible for a husband and wife to partition community property to create different forms of ownership. This agreement, which contains words of grant, serves to partition community property interest and create a joint tenancy with right of survivorship as to each party's partitioned interest.
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FAQ

An Oregon domestic partnership couple may take title as tenants in common or with rights of survivorship, but should state their election expressly in their deed, e.g., John Doe and Fred Jones as tenants in common or John Doe and Fred Jones as Oregon registered domestic partners with the right of survivorship.

If any one joint tenant conveys away his entire interest to a third party the joint tenancy is sev- ered as between the conveying party and his joint tenants, and the conveyee becomes a tenant in common with the remaining tenant." Also if a joint tenant conveys his entire interest to one of his co-tenants, there is a ...

As to how the term relates to real property, ?joint tenancy? was abolished by state statute.

TENANTS BY THE ENTIRETY/MARRIED COUPLE ORS 93.180 provides that a conveyance to a married couple is presumed to create a tenancy by the entirety. This is a survivorship estate as between the two persons, that is, the title held by the couple passes, upon the death of one spouse, to the survivor.

Since the technical joint tenancy was abolished in 1862, the provisions of the act of 1854 became no longer necessary.

A joint tenancy creates a right of survivorship, which means that if one party dies, their interest is automatically transferred to the surviving tenant(s). Joint tenancy is different from a tenancy in common, where a deceased tenant's share is passed on to their heirs.

Joint tenancy has right of survivorship Joint tenants own equal shares of the property and each one has the right to possess the property. When a joint tenant dies, the other joint tenants automatically inherit the property.

Unity of interest: The interest of each owner is equal. Unity of time: The interest of the owners is acquired at the same time. Unity of possession: The owners have the right of survivorship. Unity of title: The document must specify a joint tenancy vesting.

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Oregon Agreement to Partition Community Property (Creating Joint Tenancy with Right of Survivorship)