If a Married couple both seek a T/E on their primary residence in OR, how is it initiated and, if there is currently a judgment lien on the property, can a T/E be initiated?
It's very simple. All that's needed is a deed to "John and Mary Doe as tenants by the entirety." If the couple already own the property in some other form of cotenancy, they can execute the deed to themselves using the language illustrated above. Unfortunately, if there is already a judgment lien on the property, putting it in T/E probably won't immunize it from that preexisting judgment lien. By the way, the deed mentioned above may not be necessary. Under ORS 93.180, a deed to a married couple automatically creates a T/E unless the deed expressly states that some other form of cotenancy is intended. So depending on the wording of their original deed (when they first acquired the property), the married couple may already have a T/E. If that is the case, and the judgment was obtained after they married, the property may already be immune to the lien. Bear in mind, however, that the protection against judgment liens only applies if the judgment is against one spouse alone. If the judgment is against both spouses, the T/E property is subject to the lien. If you're actually facing this situation in real life, I strongly recommend that you consult with an experienced Oregon lawyer concerning it.
