Legal Question in Real Estate Law in Oregon

When a real estate deed between two parties uses the language "not as tenants in common but with right of survivorship", and one party dies, does his last will control distribution of land to a third party heir listed in the will?


Asked on 9/01/11, 6:24 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

No. Tenancy in common means that, if one or 2 owners dies, his share goes to his heirs. Your deed says it is not a tenancy in common. A tenancy with "right of survivorship" is called a joint tenancy. Under joint tenancy, if one of 2 owners dies, his share goes to the other owner and does not go to his heirs.

A joint tenant may sell or transfer his property, while living. If that occurs, the tenancy is changed to a tenancy in common.

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Answered on 9/02/11, 1:21 am


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