2015 ORS 93.180¹
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 (Trustees or personal representatives as joint tenants) 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 (Trustees or personal representatives as joint tenants), 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]

Notes of Decisions

Where plaintiff alleged she was tenant in common with decedent of orchard prop­erty based on number of events alleged to have occurred during decedent's lifetime, plaintiff alleged only catalog of primary facts and not ultimate facts of legal theory that would substantiate tenancy in common under this sec­tion, and this sec­tion alone could not create title where none existed before. Hurlbutt v. Hurlbutt, 36 Or App 721, 585 P2d 724 (1978), Sup Ct review denied

Where transfer of stock was made to "joint tenants," designa­tion was not sufficient to es­tab­lish right of survivorship in absence of express declara­tion. Sautter v. Coffey, 283 Or 303, 584 P2d 245 (1978)

Chapter 93

Atty. Gen. Opinions

Records involving title to real prop­erty registered under the Torrens system, (1972) Vol 35, p 1032


1 Legislative Counsel Committee, CHAPTER 93—Conveyancing and Recording, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors093.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 93, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano093.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.