Oregon Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship
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FAQ
Joint tenancy is a popular way for two or more individuals to hold title to real estate or other property. When one joint tenant dies, that person's interest in the property automatically re-vests in the surviving owners.
Yes. You can find a lender that will allow you to apply for a home loan with your partner. However, you'll run into different challenges than married couples based on the current legal framework. Take the time to determine whether you and your partner should apply for a loan together.
In Oregon, each co-owner must own an equal share. A transfer to a husband and wife creates a tenancy by the entirety, not joint tenancy (see below). Tenancy by the entirety. This form of joint ownership is like joint tenancy, but it is allowed only for married couples in Oregon.
In the Erickson case, the Oregon Supreme Court found that the use of certain language ensured that unmarried people could create a right of survivorship despite the abolishment of joint tenancy estates by the General Laws of Oregon in 1862.
The term "joint tenancy" refers to a legal arrangement in which two or more people own a property together, each with equal rights and obligations. Joint tenancies can be created by married and non-married couples, friends, relatives, and business associates.
To truly protect yourself legally, you can put together a cohabitation agreement, which is sort of like a prenup. "Cohabitation agreements usually include how property will be divided in the event of a separation," said attorney David Reischer, CEO of LegalAdvice.com.