Maria and her brother Carlos purchase a home in Portland, Oregon as joint tenants. Carlos later executes a deed conveying his interest to his friend Derek without telling Maria. What is the most likely legal result under Oregon law?
Correct Answer
B) The conveyance severs the joint tenancy, and Maria and Derek now hold the property as tenants in common.
Under Oregon law, a joint tenant may unilaterally convey their interest to a third party. However, doing so severs the joint tenancy as to that interest. When Carlos conveyed to Derek, the joint tenancy between Carlos and Maria was severed, and Derek and Maria now hold the property as tenants in common. Derek does not inherit the right of survivorship that existed between the original joint tenants.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
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