[OR] Do spouses need to sign a spousal acknowledgment to ensure the property transfers to a child after both deaths?

OR Estate Planning

Lawyer, Esquire

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Here’s how this works under Oregon law, with the relevant legal authority clarified.

Oregon authorizes Transfer-on-Death (TOD) deeds under ORS 93.948–93.979. There is no blanket statutory requirement that a spouse must separately acknowledge or consent to a TOD deed in all cases. However, a spouse’s ownership interest in the property can override or limit the effectiveness of a TOD deed depending on how title is held.

Because you and your husband own the property as spouses (typically as tenants by the entirety in Oregon), survivorship rights control what happens at death. Under ORS 93.180, property held by spouses as tenants by the entirety passes automatically to the surviving spouse upon the death of the first spouse, by operation of law. That transfer occurs outside of probate and takes precedence over a TOD designation.

As a result, a TOD deed executed by only one spouse does not fully operate at the death of the first spouse. Under ORS 93.957, a TOD deed only transfers the interest that the transferor owns at death. If one spouse dies first, their interest is extinguished by survivorship, leaving nothing for the TOD deed to transfer at that time.

For that reason, when property is jointly owned by spouses with survivorship rights, a TOD deed becomes legally effective only when the last surviving owner dies. To avoid confusion, recording issues, or later disputes, best practice is for both spouses to execute the TOD deed, even though the deed will not operate until both have passed away.

Having both spouses sign ensures:

The deed reflects the full ownership interest,
There is no question about intent,
Title companies and recorders can rely on the deed without ambiguity.

This approach aligns with ORS 93.957, survivorship principles under ORS 93.180, and Oregon recording practice, and it helps ensure the TOD deed functions exactly as intended when it ultimately becomes effective.

Let me know if this helps.

Oregon Transfer on Death Deed

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Reviewing the transfer-on-death deed I just completed online, do we need to include a spousal acknowledgment? Our intent is that when both of us are deceased, the deed will transfer to our daughter.

Lexi, Chatbot

I understand you’re looking to ensure your transfer-on-death deed is properly set up. Can you confirm whether both you and your spouse are listed on the deed?

Yes, both husband and wife. I am the wife.

Lexi, Chatbot

Have you already consulted with a legal professional about this, or is this your first time addressing it?

First time. Trying to avoid probate.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

I don’t know.

Lawyer, Esquire

Hi there. I’m Keith, a licensed attorney with 25 years of experience. I understand legal matters can be complicated, but I’m here to provide clear, understandable guidance. While this is general legal information and not an attorney-client relationship, I want to help you as best I can.

To begin, I need some additional information. What state are you in?

Oregon.

Lawyer, Esquire

Thank you. I need a few minutes to review.

Lawyer, Esquire

Here’s how this works under Oregon law, with the relevant legal authority clarified.

Having both spouses sign ensures:

The deed reflects the full ownership interest,
There is no question about intent,
Title companies and recorders can rely on the deed without ambiguity.

Let me know if this helps.

So I can delete the following from the form I completed online: “Spousal Acknowledgment: (If the owner’s spouse must sign this instrument, the owner’s spouse may sign and execute on the below fields.)”

Lawyer, Esquire

Oregon law doesn’t prohibit a spousal acknowledgment, so you can leave it in if you are both signing.

Thank you. I’m going to delete it. Since the TOD only becomes effective after all joint tenants have died, I don’t think it’s necessary.

Lawyer, Esquire

You’re very welcome.

Thank you.

Lawyer, Esquire

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