How You Hold Title Matters—Joint Ownership Types in Oregon Explained
If you co-own real estate, a bank account, or other titled property in Oregon, you’re already participating in an estate plan—even if you didn’t know it.
That’s because how you hold title affects what happens when one co-owner dies. Whether the asset avoids probate, gets divided, or causes a legal mess depends entirely on a few words buried in your deed or account paperwork.
Let’s break down the three most common forms of joint ownership in Oregon—Tenancy by the Entirety, Joint Tenancy with Right of Survivorship, and Tenancy in Common—and what each one actually means for your estate plan.
1. Tenancy by the Entirety (TBE)
Who can use it? Only married couples or registered domestic partners in Oregon.
When you own property as tenants by the entirety:
You both own the entire property—not just 50%
Neither spouse can sell or encumber the property without the other
If one spouse dies, the survivor automatically becomes sole owner
The transfer avoids probate
TBE also offers strong creditor protection: in most cases, a creditor of one spouse cannot force a sale of the property.
Where you’ll see it: This is the default for married couples buying real estate in Oregon unless another ownership form is specified.
Estate planning tip: While TBE avoids probate at the first death, it does not avoid probate at the second. And it can complicate gifting, Medicaid planning, or trust-based strategies if not handled intentionally.
2. Joint Tenancy with Right of Survivorship (JTWROS)
Who can use it? Anyone—friends, siblings, parents and adult children, unmarried couples.
When you own property as joint tenants with right of survivorship:
Each owner holds an equal share
If one dies, their share automatically passes to the surviving co-owners
The transfer avoids probate
Ownership must be clearly stated as “with right of survivorship”—otherwise, Oregon courts may assume Tenancy in Common
This structure is often used to simplify inheritance of homes or bank accounts between family members or partners. But it can create friction if:
One owner wants to sell
There’s a falling out
An heir expected to inherit but the property bypasses the will
Estate planning tip: Be cautious when adding children to title as joint tenants—this may trigger gift tax issues, loss of control, or complications with Medicaid eligibility.
3. Tenancy in Common (TIC)
Who can use it? Anyone. This is the default if no survivorship rights are specified.
In a tenancy in common:
Each co-owner holds a distinct, undivided interest in the property
Shares can be unequal—one owner can have 70%, another 30%
Each owner’s share is part of their probate estate when they die
Co-owners can sell or transfer their share without the others’ permission
There is no automatic right of survivorship. The deceased owner’s share goes through probate and is distributed according to their will—or Oregon intestacy law if there’s no will.
Where you’ll see it: Often used in business arrangements, investment property, or inherited family land.
Estate planning tip: TIC can be useful when co-owners want flexibility and don’t intend survivorship—but if your goal is simplicity or avoiding probate, you need to structure title accordingly.
What About Bank Accounts?
In Oregon, banks allow multiple titling options, often including:
Joint with right of survivorship
POD (payable on death) designations
Agency or convenience accounts (for caregiving, not inheritance)
Check your account paperwork carefully. Your will doesn’t control jointly held accounts unless your name is the only one on them.
Why This Matters
People frequently assume their estate plan lives in their will. But your deed may override your will. Your bank forms may control who inherits your money. And unless your titled assets match your estate plan, your heirs may face confusion—or worse, litigation.
Even the best-drafted will or trust can be undermined by a poorly understood deed.
Final Thought
In Oregon, title structure isn’t just a formality—it’s the difference between a smooth inheritance and a tangled probate case. And too often, people make decisions at the title company or credit union that contradict everything they say they want in their will.
If you don’t know exactly how your property is titled—or how that title will function at death—it’s time to take a closer look.
I offer flat-fee estate planning that includes a full review of deeds, titles, and beneficiary designations. If you’d like to make sure your legal documents and your real-world assets are actually working together, schedule a consultation here.
