Oregon Revised Statutes

Or. Rev. Stat. § 108.090 (2026)

Conveyances, transfers and liens between spouses; creation and dissolution of estates by entireties; validation of prior dissolutions

✓ current as of May 2026

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108.090 Conveyances, transfers and liens between spouses; creation and dissolution of estates by entireties; validation of prior dissolutions. (1) A conveyance, transfer or lien executed by either spouse in a marriage to or in favor of the other spouse is valid to the same extent as between other persons.

(2) When a spouse conveys to the other spouse an undivided one-half of any real property and retains a like undivided half, and in such conveyance there are used words indicating an intention to create an estate in entirety, the spouses hold the real property described in the conveyance by the entirety.

(3) A conveyance from a spouse to the other spouse of the spouse’s interest in an estate held by the spouses by entirety is valid and dissolves the estate by entirety. All deeds heretofore executed by either spouse to the other spouse for the purpose of dissolving the estate by entirety are valid. [Amended by 2015 c.629 §22]

Notes of Decisions

Cited in 3 cases, 1955–1985 · leading case: Smith v. Smith, 287 P.2d 572 (Or. 1955).

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Smith v. Smith, 287 P.2d 572 (Or. 1955). “See ORS 108.090. Either might act as attorney in fact for the other.”

Ryan v. Colombo, 712 P.2d 139 (Or. Ct. App. 1985). “ORS 108.090. Plaintiff contends that the deed should be set aside, because: (1) Thomas lacked the mental capacity to execute it; (2) it was the product of undue influence by Svea, and (3) it fails to satisfy the Statute of Frauds.”

Graff v. Comm'r, 44 T.C.M. 701 (Tax Ct. 1982). “(1) A conveyance, transfer or lien executed by either husband or wife to or in favor of the other is valid to the same extent as between other persons.”

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