Key Takeaways
- Oregon is a community property state for married couples since January 1, 2024
- Common forms of ownership include tenancy in common, joint tenancy, and tenancy by the entirety
- Oregon recognizes various types of real property interests including fee simple, life estates, and leaseholds
- Property transfers in Oregon typically use warranty deeds or bargain and sale deeds
- Recording is done at the county clerk's office in the county where the property is located
Last updated: January 2026
Oregon Property Ownership
Understanding property ownership in Oregon is essential for the state exam and for advising clients.
Community Property State
As of January 1, 2024, Oregon is a community property state for married couples:
Community Property Basics
| Type | Description |
|---|---|
| Community property | Property acquired during marriage by either spouse |
| Separate property | Property owned before marriage or received as gift/inheritance |
Implications
- Both spouses have equal ownership of community property
- Both spouses must consent to sell community property
- Applies to property acquired after January 1, 2024
Important: This is a recent change. Property acquired before 2024 follows previous rules.
Forms of Co-Ownership
Tenancy in Common
| Feature | Description |
|---|---|
| Ownership shares | Can be unequal |
| Right of survivorship | None - passes to heirs |
| Transfer | Can sell/transfer without consent |
| Default | Default form of co-ownership in Oregon |
Joint Tenancy
| Feature | Description |
|---|---|
| Ownership shares | Must be equal |
| Right of survivorship | Yes - passes to surviving owners |
| Four unities | Time, title, interest, possession |
| Transfer | Can sever by selling share |
Tenancy by the Entirety
| Feature | Description |
|---|---|
| Who can hold | Married couples only |
| Right of survivorship | Yes |
| Transfer | Requires both spouses' consent |
| Creditor protection | Protected from individual creditors |
Types of Property Interests
Fee Simple Absolute
| Feature | Description |
|---|---|
| Duration | Perpetual |
| Transferability | Complete |
| Inheritance | Yes |
| Use | Highest form of ownership |
Life Estate
| Feature | Description |
|---|---|
| Duration | Life of life tenant |
| Transferability | Limited to life tenant's life |
| Remainder | Passes to remainderman at death |
| Duties | Must maintain property |
Leasehold Estate
| Feature | Description |
|---|---|
| Duration | Term of lease |
| Rights | Possession and use |
| Types | Estate for years, periodic, at will, at sufferance |
Recording Property Transfers
Recording in Oregon
| Requirement | Details |
|---|---|
| Where to record | County clerk's office |
| Which county | Where property is located |
| Effect | Provides constructive notice |
| Priority | "First in time, first in right" |
Common Deeds in Oregon
| Deed Type | Warranties |
|---|---|
| Warranty deed | Full warranties of title |
| Bargain and sale deed | Limited warranties |
| Quitclaim deed | No warranties |
Exam Tip: Oregon uses "bargain and sale deed" terminology more commonly than some other states.
Easements and Encumbrances
Types of Easements
| Type | Description |
|---|---|
| Easement appurtenant | Benefits another property |
| Easement in gross | Benefits a person or company |
| Prescriptive easement | Acquired through use |
| Easement by necessity | For landlocked property |
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Test Your Knowledge
When did Oregon become a community property state?
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Test Your Knowledge
Which form of co-ownership in Oregon includes the right of survivorship AND is only available to married couples?
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D
Test Your Knowledge
What is the default form of co-ownership in Oregon?
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D