Oregon Deed (Including Acceptance of Community Property with Right of Survivorship)
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FAQ
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.
Disadvantages of joint tenants with right of survivorship JTWROS accounts involving real estate may require all owners to consent to selling the property. Frozen bank accounts. In some cases, the probate court can freeze bank accounts until the estate is settled.
Advantages of community property with a right of survivorship: The surviving spouse becomes the sole owner of property upon their spouse's death without the property having to pass through probate. The surviving spouses can maintain continuity in ownership.
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.
Disadvantages of Community Property. This title type would be disadvantageous if the decedent's true intentions were to leave their property to someone other than their spouse. Even though title controls in this case, the probate court may encounter a dispute.
Community property means that spouses who acquire property during marriage own property equally, 50/50. That means that one spouse on death can leave his or her share as he or she wants and on divorce, it typically is divided 50/50 as well.
Community property with right of survivorship is a legal distinction that allows two spouses to equally share assets through marriage as well as pass on assets to the other spouse upon death without going through probate.
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies. This is called a "survivorship estate" in Oregon.