Chapter 64
AN ACT
HB 2365
Relating to tenancies in real property; creating new provisions; and
amending ORS 93.180.
Be It Enacted by the People of
the State of
SECTION 1. ORS 93.180 is amended to read:
93.180. [Every conveyance or devise of lands, or
interest therein, made to two or more persons, other than to a husband and
wife, as such, or to executors or trustees, as such, creates a tenancy in
common unless it is in some manner clearly and expressly declared in the conveyance
or devise that the grantees or devisees take the lands with right of
survivorship. Such]
(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 if the conveyance or devise is to a trustee
or personal representative.
(2) A declaration of a right to survivorship [shall create] 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 [shall
create] creates a tenancy in common.
SECTION 2. The amendments to ORS 93.180 by section 1 of
this 2007 Act apply to conveyances or devises that are made on or after the
effective date of this 2007 Act.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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