Asked in Estate Planning and Real Estate Law for Oregon

Q: Does joint tendency on property on a joint deed apply to a second property owned by just one of the tenants ?

2 Lawyer Answers
Karn Thapar
Karn Thapar
Answered
  • Estate Planning Lawyer
  • Folsom, CA
  • Licensed in Oregon

A: Generally speaking, it does not. The deed for real property generally takes preference over any estate planning document in place, such as a will or a trust. For the property which had a joint tenancy, both of the individuals listed would be co-owners. However, if another property had just one person listed on the deed as an owner, then that individual would be the sole owner.

Theressa Hollis
Theressa Hollis
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: No. Not unless the second property's legal description was on the first Deed (which is unusual). Most of the time each property has its own Deed.

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