Chapter 108 — Chapter 108

ORS 108.010 Removal of spouse’s civil disabilities; spouse’s civil rights same as other spouse’s. (1) All laws that impose or recognize civil disabilities upon a spouse in a marriage that are not imposed upon or recognized as existing with respect to the other spouse are hereby repealed

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ORS 108.015 Domicile of married person or minor child. (1) Each married person may establish and maintain a domicile in the State of Oregon as if that person were not married

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ORS 108.020 Nonliability for other spouse’s obligations. Neither spouse in a marriage is liable for the debts or liabilities of the other spouse incurred before marriage. Except as provided in ORS 108.040, a spouse in a marriage is not liable for the separate debts of the other spouse, and the rent or income of property owned by either spouse is not liable for the separate debts of the other spouse. [Amended by 2015 c.629 §15]

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ORS 108.030 Liability of spouse for civil injuries committed by other spouse. For all civil injuries committed by a spouse in a marriage, damages may be recovered from that spouse only, and the other spouse is not responsible for such civil injuries, except where the spouses would be jointly responsible with each other if the marriage did not exist. [Amended by 2015 c.629 §16]

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ORS 108.040 Liability of parents for expenses of family and education of children. (1)(a) The expenses of the family and the education of the minor children are chargeable upon the property of both spouses in a marriage who are parents of the minor children, or either of them, and in relation thereto they may be sued jointly or separately

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ORS 108.045 Liability of stepparent for expenses of family and education of children. (1) The expenses of the family and the education of the minor children, including stepchildren, are chargeable upon the property of both spouses in a marriage who are parents or stepparents of the minor children, or either of them. However, with regard to stepchildren, the obligation shall cease upon entry of a judgment of dissolution

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ORS 108.050 Nonliability of spouse’s property for other spouse’s obligations. The property and pecuniary rights of every spouse in a marriage acquired at the time of the marriage or afterwards, including real or personal property acquired by the spouse’s own labor during the marriage, shall not be subject to the debts or contracts of the other spouse. [Amended by 2015 c.629 §19]

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ORS 108.060 Noninterest of one spouse in property of other spouse. When property is owned by either spouse in a marriage, the other spouse has no interest in that property that can be the subject of contract between the spouses, or that can make the spouses liable for the contracts or liabilities of the other spouse who is not the owner of the property, except as provided in ORS 108.040. [Amended by 2015 c.629 §20]

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ORS 108.070 [Repealed by 1999 c.182 §1]

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ORS 108.080 Civil remedies between spouses in respect of separate property. Should either spouse in a marriage obtain possession or control of property belonging to the other spouse either before or after marriage, the owner of the property may maintain an action for possession and control of the property, or for any right growing out of the ownership of the property, in the same manner and to the same extent as if the spouses were unmarried. [Amended by 2015 c.629 §21]

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ORS 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

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ORS 108.100 Spouses as attorney in fact for each other. A spouse in a marriage may designate the other spouse to be the spouse’s attorney in fact to control, sell and convey, mortgage, or bar dower or curtesy for the spouses’ mutual benefit, and may revoke the designation to the same extent and in the same manner as other persons. [Amended by 2015 c.629 §23]

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ORS 108.110 Petition for support of spouse and children; rules. (1) Any married person may apply to the circuit court of the county in which the married person resides or in which the spouse may be found for an order upon the spouse to provide for support of the married person or for the support of minor children and children attending school, or both, and, if the married person initiating the action for support is a woman who is pregnant, her unborn child, or both, if her spouse is the natural father of such children, children attending school or unborn child or if her spouse is the adoptive parent of such children or children attending school. The married person initiating the action for support may apply for the order by filing in such county a petition setting forth the facts and circumstances upon which the married person relies for such order. If satisfied that a just cause exists, the court shall direct that the married person’s spouse appear at a time set by the court to show cause why an order of support should not be entered in the matter. The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school

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ORS 108.120 Support judgment or order. (1) After the hearing of the petition for an order of support the court shall make an order granting or denying it and fixing, if allowed, the terms and amount of the support

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ORS 108.130 [Amended by 1965 c.619 §34; 1971 c.621 §23; 1975 c.607 §23; 1981 s.s. c.3 §89; 1983 c.673 §25; 2003 c.737 §§53,54; 2005 c.702 §§61,62,63; 2007 c.129 §22; 2007 c.493 §16; repealed by 2011 c.595 §10]

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ORS 108.140 [Repealed by 1987 c.715 §10]

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ORS 108.510 Revocation of election to come under terms of Community Property Law of 1943; fee. (1) Notwithstanding any repeal of chapter 440, Oregon Laws 1943, known as the Oregon Community Property Law of 1943, spouses in a marriage who elected to come under the terms of that law may revoke the election upon filing in the office of the Secretary of State a notice of the spouses’ desire to revoke the election in the following form

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ORS 108.515 Disposition of fees. (1) All moneys received by the Secretary of State under ORS 108.510 shall be paid into the State Treasury to the credit of the General Fund

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ORS 108.520 Effect of Act repealing Community Property Law of 1947. The provisions of ORS 108.530 to 108.550 do not impair or affect any right acquired prior to April 11, 1949, but the same may be enjoyed as fully and to the same extent as if ORS 108.520 to 108.550 had not been passed, under and according to the law in force at the time such right was acquired, except as provided in ORS 108.530 and 108.540

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ORS 108.530 Removal of community property status by agreement. Community property acquired during marriage and between July 5, 1947, and April 11, 1949, may be converted into property held as tenants in common or by entirety or as the separate property of either spouse by an agreement in writing evidencing such intent, signed by both spouses in a marriage. If the agreement affects title to real property, the agreement shall describe the property affected by the agreement, shall be executed and acknowledged in the same manner as deeds and shall be recorded in the deed records of each county in which any such real property is located. [Amended by 2015 c.629 §26]

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ORS 108.540 Removal of community property status by death of either spouse. Upon the death of either spouse after April 11, 1951, all real or personal property which would have been the separate property of such spouse but for the enactment of chapter 525, Oregon Laws 1947, shall be subject to disposition by will and to descent and distribution as the separate property of such decedent as though said chapter 525 had not been passed

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ORS 108.550 Reliance on spouse’s right to deal with property in spouse’s name. Notwithstanding any provisions of chapter 525, Oregon Laws 1947, or any provision of ORS 108.520 to 108.550, any third person may rely, and shall be fully protected in relying, upon the right of either spouse in a marriage to receive, manage, control, dispose of or otherwise deal with property standing in that spouse’s name in such manner as the spouse is entitled to by law. [Amended by 2015 c.629 §27]

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ORS 108.610 [Formerly 184.885; 1983 c.480 §1; 2001 c.900 §237; renumbered 409.290 in 2005]

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ORS 108.620 [Formerly 184.890; 1983 c.480 §2; 1993 c.546 §97; renumbered 409.292 in 2005]

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ORS 108.630 [1981 c.357 §5; 1983 c.480 §3; renumbered 409.294 in 2005]

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ORS 108.640 [1981 c.357 §§6,8; 1983 c.480 §4; renumbered 409.296 in 2005]

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ORS 108.650 [1981 c.357 §7; renumbered 409.298 in 2005]

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ORS 108.660 [1981 c.357 §9; 1983 c.480 §5; 1995 c.79 §36; renumbered 409.300 in 2005]

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ORS 108.662 [1995 c.555 §5; 2001 c.829 §3; 2005 c.700 §6; renumbered 409.304 in 2005]

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ORS 108.700 Definitions for ORS 108.700 to 108.740. As used in ORS 108.700 to 108.740

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ORS 108.705 Agreement to be in writing; consideration not required. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. [1987 c.715 §2]

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ORS 108.710 Subjects of agreement; child support not to be adversely affected. (1) Parties to a premarital agreement may contract with respect to

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ORS 108.715 Agreement effective upon marriage. A premarital agreement becomes effective upon marriage. [1987 c.715 §4]

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ORS 108.720 Modification of agreement; consideration not required. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. [1987 c.715 §5]

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ORS 108.725 Party may prove agreement unenforceable; when court may require support; determination of unconscionability. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that

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ORS 108.730 Effect of void marriage. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. [1987 c.715 §7]

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ORS 108.735 Statute of limitations; defenses. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. [1987 c.715 §8]

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ORS 108.740 Short title; construction; severability. (1) ORS 108.700 to 108.740 may be cited as the Uniform Premarital Agreement Act

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