Joint tenancy in personal property
- creation
Source:
Section 105.920 — Joint tenancy in personal property; creation, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
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Notes of Decisions
Where transfer of stock to “joint tenants” was made prior to enactment of this section, former ORS 93.180 governed, and designation was not sufficient to establish right of survivorship in absence of express declaration. Sautter v. Coffey, 283 Or 303, 584 P2d 245 (1978)
In enacting this section in 1975, legislature did not intend to bar creation of form of joint tenancy in personal property with right of survivorship that previously existed in Oregon; statute does not provide that form of ownership authorized is exclusive. Gilbert v. Brown, 71 Or App 809, 693 P2d 1330 (1984), Sup Ct review denied
There must be transfer or bequest to create joint tenancy, and inter vivos gift requires delivery in some form during donor’s lifetime as objective manifestation of donative intent. Estate of Leda Mae Grove v. Selken, 109 Or App 668, 820 P2d 895 (1991), Sup Ct review denied
Creation of joint tenancy by “written instrument” does not require signed writing by parties creating tenancy. Estate of James Wyburn Tressel v. Tressel, 162 Or App 188, 986 P2d 72 (1999)