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Three friends — Aisha, Ben, and Claire — purchase an investment property in Eugene, Oregon as tenants in common, each owning an undivided one-third interest. Aisha dies intestate (without a will). Under Oregon law, what happens to Aisha's interest?

Correct Answer

B) Aisha's interest passes to her heirs according to Oregon's intestate succession laws.

Tenancy in common does NOT include the right of survivorship. When a tenant in common dies, their interest passes through their estate — either by will or, if they die intestate, according to Oregon's intestate succession statutes (ORS Chapter 112). Aisha's one-third interest becomes part of her estate and passes to her heirs.

Answer Options
A
Aisha's interest automatically passes equally to Ben and Claire by right of survivorship.
B
Aisha's interest passes to her heirs according to Oregon's intestate succession laws.
C
The property must be sold and the proceeds divided equally among Ben, Claire, and Aisha's estate.
D
Aisha's interest reverts to the state of Oregon under the doctrine of escheat immediately.

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Related Topics & Key Terms

Key Terms:

tenancy_in_commonintestate_successionno_survivorshipco_ownership

Related Concepts

A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.

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