QUESTION

If we are an unmarried couple and we own a house jointly, if one of us should die does ownership transfer to the surviving owner automatically?

Asked on Jan 13th, 2015 on Estate Planning - Oregon
More details to this question:
N/A
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5 ANSWERS

Business Law Attorney serving Portland, OR
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The answer depends on how the title is held;; that is, what the Deed says. You say "jointly" but there are two key types of estates: tenants in common and joint tenants. It is important that the title is clear that it is a joint tenancy with right of survivorship to get the title to the survivor. This is an area where DIY works very badly and a lot is at stake. Have an attorney or a title company write it properly for you.
Answered on Jan 14th, 2015 at 7:06 PM

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Family Law Attorney serving Redmond, OR at Oliver & Duncan
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No, such a transfer is NOT automatic. Whether there would be a transfer to the survivor depends upon the language of the deed by which you took title. If the deed transferred the residence to both of you as a married couple, there would be language like, . . . to [husband] and [wife] with right of survivorship or as joint tenants. If there is no such language, you would have to either do another deed from both of you as individual transferors to both of you as as individuals with right of survivorship. You could also put the house in a joint testamentary trust in which both of you are trustees and beneficiaries or do the double will thing. The best answer here is to take the deed to your house to a local lawyer who does wills and trusts.
Answered on Jan 14th, 2015 at 12:33 PM

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It depends on what the deed says. If you want survivorship, the deed has to say "not as tenants in common, but with right of survivorship," or very similar words. If it doesn't, then your ownership in the house passes according to your will.
Answered on Jan 14th, 2015 at 12:32 PM

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Michael Sterner
There are different types of joint ownership. The language of the deed controls. You may own as tenants in common, or with a right of survivorship. Married couples often own real estate as tenants by the entirety, which is a survivorship interest. A right of survivorship would cause the decedent's ownership interest to vest in the survivor. As tenants in common, however, either owner could transfer their undivided interest, presumably 50%, to an heir or devisee. Very different outcomes. It is advisable to consult an attorney with experience in estate planning and real estate.
Answered on Jan 14th, 2015 at 10:25 AM

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General Civil Trial Practice Attorney serving Beaverton, OR at Vincent J. Bernabei, LLC
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The answer depends on how the deed is written. If the deed recites merely that you and your unmarried partner own it jointly, then the answer is no.
Answered on Jan 14th, 2015 at 10:19 AM

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