Oregon Revised Statutes

Or. Rev. Stat. § 105.265 (2026)

Persons not affected by judgment

✓ current as of May 2026

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105.265 Persons not affected by judgment. The judgment provided for in ORS 105.260 shall not affect tenants for years or for life of the whole of the property which is the subject of partition. Except as provided in ORS 105.260, the judgment and partition shall not preclude any person from claiming title to the property in question, or from controverting the title of the parties between whom the partition was made. [Amended by 2003 c.576 §364]

Notes of Decisions

Cited in 2 cases, 1983–1983 · leading case: In Re Odegaard, 31 B.R. 718 (Bankr. D. Or. 1983).

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In Re Odegaard, 31 B.R. 718 (Bankr. D. Or. 1983). “ORS 105.265. As is explained in Ganoe v. Ohmart, supra, the interest of a tenant by the entirety is in the nature of a tenancy in common with a right of survivorship.”

Hellesvig v. Hellesvig, 662 P.2d 709 (Or. 1983). “205; but see ORS 105.265. Accordingly, we conclude that it is necessary to remand this case to the trial court for a determination of plaintiffs claim for partition.”

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