David and Susan are married and purchase a home in Bend, Oregon. The deed is recorded in David's name only. David later sells the home without Susan's knowledge or consent. Under Oregon law, which of the following best describes the legal situation?
Correct Answer
A) The sale is valid because Oregon is a common law state and title was held solely in David's name.
Oregon is a common law (separate property) state. When title to property is held in only one spouse's name, that spouse generally has the legal authority to convey the property without the other spouse's consent. Because the deed was recorded solely in David's name, he holds legal title and can convey it. Oregon does not have community property laws that would give Susan an automatic ownership interest.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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