Oregon Revised Statutes
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a spouse in a marriage that are not imposed upon or recognized as existing with respect to the other spouse are hereby repealed. All civil rights belonging to a spouse in a marriage not conferred upon the other spouse prior to June 14, 1941, or that the other spouse does not have at common law, are h…
Each married person may establish and maintain a domicile in the State of Oregon as if that person were not married. The domicile of a minor shall follow the domicile of the parents of the minor unless the parents establish separate domiciles. If the parents establish separate domiciles, the minor’s domicile shall be that of the parent with whom the minor r…
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.
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.
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. As used in this subsection: “Expenses of the family” includes only expenses incurred for the benefit of a …
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. As used in this section, …
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.
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.
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 …
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. 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 a…
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.
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 w…
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. The court has the same power to compel the attendance of witnesses or the production of testimony as in actions and suits, to make such judgment or orders as are equitable in view of the …
COMMUNITY PROPERTY MATTERS
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: ______________________…
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. Any funds remaining in the Community Property Revocations Account are hereby transferred to the credit of the General Fund.
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.
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 s…
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.
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 en…
PREMARITAL AGREEMENTS
As used in ORS 108.700 to 108.740: “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. Note: 108.700 to 108.740 were e…
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. Note: See note under 108.700.
Parties to a premarital agreement may contract with respect to: The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of …
A premarital agreement becomes effective upon marriage. Note: See note under 108.700.
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. Note: See note under 108.700.
A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: That party did not execute the agreement voluntarily; or The agreement was unconscionable when it was executed and, before execution of the agreement, that party: Was not provided a fair and reasonable disclosure of the property or financial obligations …
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. Note: See note under 108.700.
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. Note: See note under 108.700.
ORS 108.700 to 108.740 may be cited as the Uniform Premarital Agreement Act. ORS 108.700 to 108.740 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it. If any provision of ORS 108.700 to 108.740 or its application to any person or circumstance is held inv…