74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 699
 
                         House Bill 2365
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon State Bar Real Estate and Land Use
  Section)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Conforms language to modern form and style requirements.
Clarifies that existing language abolishing joint tenancy is
limited and applicable only to tenancies in real property.
 
                        A BILL FOR AN ACT
Relating to tenancies in real property; creating new provisions;
  and amending ORS 93.180.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 93.180 is amended to read:
  93.180.   { - Every conveyance or devise of lands, or interest
therein, made to two or more persons, other than to a husband and
wife, as such, or to executors or trustees, as such, creates a
tenancy in common unless it is in some manner clearly and
expressly declared in the conveyance or devise that the grantees
or devisees take the lands with right of survivorship. Such - }
   { +  (1) A conveyance or devise of real property, or an
interest in real property, that is made to two or more persons:
  (a) Creates a tenancy in common unless the conveyance or devise
clearly and expressly declares that the grantees or devisees take
the real property with right of survivorship.
  (b) Creates a tenancy by the entirety if the conveyance or
devise is to a husband and wife unless the conveyance or devise
clearly and expressly declares otherwise.
  (c) Creates a joint tenancy as described in ORS 93.190 if the
conveyance or devise is to a trustee or personal representative.
  (2) + } A declaration of a right to survivorship   { - shall
create - }  { +  creates  + }a tenancy in common in the life
estate with cross-contingent remainders in the fee simple.
   { +  (3) Except as provided in ORS 93.190, + } joint tenancy
 { + in real property + } is abolished and the use in a
conveyance or devise of the words 'joint tenants' or similar
words without any other indication of an intent to create a right
of survivorship   { - shall create - }   { + creates + } a
tenancy in common.
  SECTION 2.  { + The amendments to ORS 93.180 by section 1 of
this 2007 Act apply to conveyances or devises that are made on or
after the effective date of this 2007 Act. + }
                         ----------