Oregon Law
Law as of Jan 1, 2026
Chapter contents
108.010Removal of spouse’s civil disabilities; spouse’s civil rights same as other spouse’s 108.015Domicile of married person or minor child 108.020Nonliability for other spouse’s obligations 108.030Liability of spouse for civil injuries committed by other spouse 108.040Liability of parents for expenses of family and education of children 108.045Liability of stepparent for expenses of family and education of children 108.050Nonliability of spouse’s property for other spouse’s obligations 108.060Noninterest of one spouse in property of other spouse 108.070[Repealed by 1999 c.182 §1] 108.080Civil remedies between spouses in respect of separate property 108.090Conveyances, transfers and liens between spouses; creation and dissolution of estates by entireties; validation of prior dissolutions 108.100Spouses as attorney in fact for each other 108.110Petition for support of spouse and children; rules 108.120Support judgment or order 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§23; 1981 s.s. c.3 §89; 1983 c.673 §25; 2003 c.737 §§53,54; 2005 c.702 §§61,62,63; 2007 c.129 §22; 2007 c.493 §16; repealed by 2011 c.595 §10] 108.140[Repealed by 1987 c.715 §10] 108.510Revocation of election to come under terms of Community Property Law of 1943; fee 108.515Disposition of fees 108.520Effect of Act repealing Community Property Law of 1947 108.530Removal of community property status by agreement 108.540Removal of community property status by death of either spouse 108.550Reliance on spouse’s right to deal with property in spouse’s name 108.610[Formerly 184.885; 1983 c.480 §1; 2001 c.900 §237; renumbered 409.290 in 2005] 108.620[Formerly 184.890; 1983 c.480 §2; 1993 c.546 §97; renumbered 409.292 in 2005] 108.630[1981 c.357 §5; 1983 c.480 §3; renumbered 409.294 in 2005] 108.640[1981 c.357 §§6,8; 1983 c.480 §4; renumbered 409.296 in 2005] 108.650[1981 c.357 §7; renumbered 409.298 in 2005] 108.660[1981 c.357 §9; 1983 c.480 §5; 1995 c.79 §36; renumbered 409.300 in 2005] 108.662[1995 c.555 §5; 2001 c.829 §3; 2005 c.700 §6; renumbered 409.304 in 2005] 108.700Definitions for ORS 108.700 to 108.740 108.705Agreement to be in writing; consideration not required 108.710Subjects of agreement; child support not to be adversely affected 108.715Agreement effective upon marriage 108.720Modification of agreement; consideration not required 108.725Party may prove agreement unenforceable; when court may require support; determination of unconscionability 108.730Effect of void marriage 108.735Statute of limitations; defenses 108.740Short title; construction; severability

Chapter 108 — Spousal Relationships; Property Rights; Premarital Agreements

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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