QUESTION

What does the not as tenants in common but with right of survivorship mean?

Asked on Jul 31st, 2015 on Estate Planning - Oregon
More details to this question:
What does the statement mean in it's entirety in the State of Oregon?
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3 ANSWERS

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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The phrase, not as tenants in common but with right of survivorship is used when two or more people are listed as grantees of real property on a deed but they do not have equal rights to the occupation and use of the property. In other words, if you bought a house for your own use but you wanted to bequeath it to your child when you die, you can use this phrase to describe that relationship in the deed and your your Will. If you die first, the child named as your tenant in common gets the property free and clear but if that child dies first it is still your property alone.
Answered on Aug 07th, 2015 at 11:49 AM

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Business Law Attorney serving Portland, OR
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Tenants in common is a form of joint ownership where typically both tenants own an undivided interest in the real estate. Absent an agreement otherwise, both tenants have the right to occupy the property and are responsible for the expenses of ownership and other liabilities. Upon the death of one tenant in common, the property owned by the decedent passes by the decedent's Will or if none by intestacy. It does not pass to the surviving tenant. I do not know what you mean by "entirety". To state everything about the tenants in common would take 100s of pages.
Answered on Aug 06th, 2015 at 4:09 AM

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In Oregon, the default for two or more people jointly owning real property is tenancy in common. Each owner owns an undivided portion of the property; when an owner dies, that owner's portion of the property is in the deceased owner's estate, and passes through his or her will. If the deed says "not as tenants in common, but with survivorship," then this form of ownership mimics joint tenancy with right of survivorship. When one owner dies, the surviving owner(s) own the whole of the property, and the deceased owner's interest in the property is extinguished.
Answered on Aug 05th, 2015 at 6:28 PM

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