Legal Question in Real Estate Law in Oregon

If you have property owned by 2 married couples with the deed stating "husband & wife ,as tenants by entirety, as to an undivided 1/2 interest :the said two entireties, as between themselves, shall have rights of survivorship and not be tenants in common .One of the husbands dies, that wife gets that half, the other couple divorces and the husband signs over his share of that 1/2 of their property to the wife. Now one of the wives dies leaving her 1/2 to her heirs can she legally do this or does all the property revert to the other living 1/2 owner making her sole owner to all the property?


Asked on 10/13/13, 9:34 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

From what you have stated, it is not clear. You should have an attorney look at the entire deed.

But it does appear from what you have stated that the dead wife's share should revert to the other wife, because the "two entireties . . . shall have rights of survivorship and not be tenants in common."

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Answered on 10/14/13, 1:01 am


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