All laws which impose or recognize civil disabilities
upon a wife which are not imposed or recognized as existing as to the
husband hereby are repealed; and all civil rights belonging to the
husband not conferred upon the wife prior to June 14, 1941, or which she
does not have at common law, hereby are conferred upon her, including,
among other things, the right of action for loss of consortium of her
husband. (1) Each married
person may establish and maintain a domicile in the State of Oregon as if
that person were not married.
(2) 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 resides. However, if there has
been a legal separation, annulment or dissolution, the minor’s domicile
shall be that of the parent to whom custody of the minor has been legally
Note: 108.015 was enacted into law by the Legislative Assembly but
was not added to and made a part of ORS chapter 108 by legislative
action. See Preface to Oregon Revised Statutes for further explanation. Neither
husband nor wife is liable for the debts or liabilities of the other
incurred before marriage; and except as otherwise provided in ORS
108.040, they are not liable for the separate debts of each other, nor is
the rent or income of property owned by either husband or wife liable for
the separate debts of the other.
For all civil injuries committed by a married woman, damages may be
recovered from her alone and her husband shall not be responsible
therefor, except in case where he would be jointly responsible with her
if the marriage did not exist.(1)(a) The expenses of the family and the education of the
minor children are chargeable upon the property of both husband and wife,
or either of them, and in relation thereto they may be sued jointly or
separately.
(b) As used in this subsection:
(A) “Expenses of the family” includes only expenses incurred for
the benefit of a member of the family.
(B) “Family” means the husband, wife and minor children of the
husband and wife.
(2) Notwithstanding subsection (1) of this section, after the
separation of one spouse from the other spouse, a spouse is not
responsible for debts contracted by the other spouse after the separation
except for debts incurred for maintenance, support and education of the
minor children of the spouses.
(3) For the purposes of subsection (2) of this section, spouses
shall be considered separated if they are living in separate residences
without intention of reconciliation at the time the debt is incurred. The
court may consider the following factors in determining whether the
spouses are separated in addition to such other factors as may be
relevant:
(a) Whether the spouses subsequently reconciled.
(b) The number of separations and reconciliations of the spouses.
(c) The length of time the spouses lived apart.
(d) Whether the spouses intend to reconcile.
(e) Whether the spouses have filed a petition for separation or
dissolution.
(4) An action under this section shall be commenced within the
period otherwise provided by law. [Amended by 1965 c.530 §1; 1993 c.598
§1; 2005 c.732 §3](1) The expenses of the family and the education
of minor children, including stepchildren, are chargeable upon the
property of both husband and wife, or either of them. However, with
regard to stepchildren, the obligation shall cease upon entry of a
judgment of dissolution.
(2) As used in this section, “stepchild” means a child under the
age of 18, or a child attending school as defined in ORS 107.108 who is
in the custody of one biological or adoptive parent who is married to and
not legally separated from a person other than the second biological or
adoptive parent of such child.
(3) Notwithstanding subsection (1) of this section, the legal duty
of a parent to provide support for a child, as otherwise required by law,
shall not be affected. [Formerly 109.053]Note: 108.045 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 108 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
The property and pecuniary rights of every married woman at the time of
her marriage or afterwards acquired including real or personal property
acquired by her own labor during coverture, shall not be subject to the
debts or contracts of her husband. When
property is owned by either husband or wife, the other has no interest
therein which can be the subject of contract between them, or such
interest as will make the same liable for the contracts or liabilities of
either the husband or wife who is not the owner of the property, except
as provided in ORS 108.040.Should either the husband or wife obtain possession or control
of property belonging to the other either before or after marriage, the
owner of the property may maintain an action therefor, or for any right
growing out of the same, in the same manner and to the same extent as if
they were unmarried.(1) A conveyance, transfer or lien executed by either
husband or wife to or in favor of the other is valid to the same extent
as between other persons.
(2) When a husband or wife conveys to the other 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 an
estate in entirety, said husband and wife hold the real property
described in the conveyance by the entirety.
(3) A conveyance from husband or wife to the other of his or her
interest in an estate held by them by entirety is valid and dissolves the
estate by entirety. All deeds heretofore executed by husband or wife to
the other for the purpose of dissolving the estate by entirety are valid. One
spouse may constitute the other his or her attorney in fact to control,
sell and convey, mortgage, or bar dower or curtesy for their mutual
benefit, and may revoke the same to the same extent and in the same
manner as other persons. (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 father 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.
(2) As used in this section, “child attending school” has the
meaning given that term in ORS 107.108.
(3) The petitioner shall state in the petition, to the extent known:
(a) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving children of the
marriage, including a proceeding brought under ORS 107.085, 109.100,
125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and
(b) Whether there exists in this state or any other jurisdiction a
support order, as defined in ORS 110.303, involving children of the
marriage.
(4) The petitioner shall include with the petition a certificate
regarding any pending support proceeding and any existing support order.
The petitioner shall use a certificate that is in a form established by
court rule and include information required by court rule and subsection
(3) of this section.
(5) The provisions of this section apply equally to cases where it
is the husband making application for a support order.
(6) In any proceeding under this section, the obligee, as that
person is defined in ORS 110.303, is a party to the proceeding. [Amended
by 1963 c.497 §1; 1973 c.827 §12d; 1975 c.140 §1; 1975 c.458 §13; 1979
c.90 §1; 1981 c.669 §2; 1993 c.596 §18; 1995 c.343 §23; 1997 c.704 §54;
2001 c.334 §7; 2003 c.73 §53a; 2003 c.116 §7; 2005 c.560 §16] (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.
(2) 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 circumstances of
both parties and to punish violations thereof as other contempts are
punished.
(3) The judgment or order is final as to any installment or payment
of money that has accrued up to the time the nonmoving party, other than
the state, is served with a motion to set aside, alter or modify the
judgment or order. The court may not set aside, alter or modify any
portion of the judgment or order that provides for any payment of money,
either for minor children or for the support of a party, that has accrued
before the motion is served. However, the court may allow a credit
against child support arrearages for periods of time, excluding
reasonable parenting time unless otherwise provided by order or judgment,
during which the obligor, with the knowledge and consent of the obligee
or pursuant to court order, has physical custody of the child. [Amended
by 1989 c.812 §6; 1997 c.707 §21; 2003 c.419 §2; 2003 c.576 §133a] (1) At the time of filing the petition for an order
of support, the petitioner shall pay to the clerk of the court a fee of
$5, which shall cover all charges incident to the filing of papers
necessary to a complete determination of the matter and no part of which
shall be applied toward the library fund of the county. Payment of the
fee is subject to the provisions of ORS 21.605 applicable to waiver,
deferral and payment of fees.
(2) In addition to the fee provided for in subsection (1) of this
section, for the period commencing September 1, 2003, and ending December
31, 2006, at the time of filing the petition for an order of support, the
petitioner shall pay to the clerk of the court a surcharge of $2.
[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]Note: The amendments to 108.130 by section 63, chapter 702, Oregon
Laws 2005, become operative January 1, 2007. See section 64, chapter 702,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user’s convenience.108.130. At the time of filing the petition for an order of
support, the petitioner shall pay to the clerk of the court a fee of $6,
which shall cover all charges incident to the filing of papers necessary
to a complete determination of the matter and no part of which shall be
applied toward the library fund of the county. Payment of the fee is
subject to the provisions of ORS 21.605 applicable to waiver, deferral
and payment of fees.COMMUNITY PROPERTY MATTERS(1) Notwithstanding any repeal of chapter 440,
Oregon Laws 1943, known as the Oregon Community Property Law of 1943, any
husband and wife who elected to come under the terms thereof may revoke
such election upon filing in the office of the Secretary of State a
notice of their desire to revoke such election in the following form:
___________________________________________________________________________
___
REVOCATION OF ELECTION
TO COME UNDER THE
OREGON COMMUNITY
PROPERTY LAW, CHAPTER 440,
OREGON LAWS 1943
KNOW ALL PERSONS BY THESE PRESENTS, That we, _____and_____, hereby
state and represent that we are husband and wife; that we reside in _____
County, Oregon, and our post-office address is No. _____Street, City
of_____; that we do hereby revoke our election filed in the office of the
Secretary of State of the State of Oregon on the _____ day of_____,
2_____, to avail ourselves of the provisions of chapter 440, Oregon Laws
1943, being the Oregon Community Property Law.
IN WITNESS WHEREOF we have hereunto set our hands and seals this
_____ day of_____, 2_____.____________________________________STATE OF OREGON, )
) ss.
County of_____ )BE IT REMEMBERED that on this _____ day of_____,
2_____, before me, the undersigned, a notary public in and for said
county and state, personally appeared the within named _____ and_____,
his wife, who are known to me to be the identical persons described in
and who executed the within instrument, and acknowledged to me that they
executed the same.__________________Notary Public for OregonMy commission expires: _________
___________________________________________________________________________
___Acknowledgments may be taken by any other officer authorized to take
acknowledgments.
(2) Such an instrument, together with a fee of $15, shall be
presented to the Secretary of State, who thereupon shall file the
instrument, properly index it in a book kept for that purpose and
transmit to the recording officer of each county in the state the
certificate of the Secretary of State, setting forth the nature of such
instrument, the names of the parties thereto, the date thereof, and the
date of the filing thereof in the office of the Secretary of State. Upon
receipt of such certificate, the recording officer shall file it and
properly index it in a book kept for that purpose.
(3) Public notice of such revocation exists upon compliance with
subsection (2) of this section.
(4) The filing of such revocation operates to restore the title to
any community property of persons making the revocation to the status of
the property which existed on the date on which such persons filed a
certificate of election under the terms of the Oregon Community Property
Law of 1943. Such revocation in nowise limits the right of such persons
to execute and record such conveyances, assignments and transfers of
property, or title thereto, as may operate to effect and make a matter of
record the restoration of titles to the status they occupied prior to the
filing of the certificate of election. (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.
(2) Any funds remaining in the Community Property Revocations
Account are hereby transferred to the credit of the General Fund.
[Amended by 1959 c.85 §1] 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 coverture 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 husband and
wife. If such agreement affects title to real property, it shall describe
the property affected thereby, 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.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 other person may
rely, and shall be fully protected in so doing, upon the right of the
husband or the wife to receive, manage, control, dispose of or otherwise
deal with property standing in his or her name in such manner that, by
law, but for the provisions of said statutes, he or she would be entitled
so to deal therewith.PREMARITAL AGREEMENTS As used in ORS
108.700 to 108.740:
(1) “Premarital agreement” means an agreement between prospective
spouses made in contemplation of marriage and to be effective upon
marriage.
(2) “Property” means an interest, present or future, legal or
equitable, vested or contingent, in real or personal property, including
income and earnings. [1987 c.715 §1]Note: 108.700 to 108.740 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 108 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. A
premarital agreement must be in writing and signed by both parties. It is
enforceable without consideration. [1987 c.715 §2]Note: See note under 108.700.(1) Parties to a premarital agreement may contract with respect
to:
(a) 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;
(b) The right to buy, sell, use, transfer, exchange, abandon,
lease, consume, expend, assign, create a security interest in, mortgage,
encumber, dispose of or otherwise manage and control property;
(c) The disposition of property upon separation, marital
dissolution, death or the occurrence or nonoccurrence of any other event;
(d) The modification or elimination of spousal support;
(e) The making of a will, trust or other arrangement to carry out
the provisions of the agreement;
(f) The ownership rights in and disposition of the death benefit
from a life insurance policy;
(g) The choice of law governing the construction of the agreement;
and
(h) Any other matter, including their personal rights and
obligations, not in violation of public policy or a statute imposing a
criminal penalty.
(2) The right of a child to support may not be adversely affected
by a premarital agreement. [1987 c.715 §3]Note: See note under 108.700. A premarital agreement
becomes effective upon marriage. [1987 c.715 §4]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. [1987 c.715 §5]Note: See note under 108.700.(1) A premarital
agreement is not enforceable if the party against whom enforcement is
sought proves that:
(a) That party did not execute the agreement voluntarily; or
(b) The agreement was unconscionable when it was executed and,
before execution of the agreement, that party:
(A) Was not provided a fair and reasonable disclosure of the
property or financial obligations of the other party;
(B) Did not voluntarily and expressly waive, in writing, any right
to disclosure of the property or financial obligations of the other party
beyond the disclosure provided; and
(C) Did not have, or reasonably could not have had, an adequate
knowledge of the property or financial obligations of the other party.
(2) If a provision of a premarital agreement modifies or eliminates
spousal support and that modification or elimination causes one party to
the agreement to be eligible for support under a program of public
assistance at the time of separation or marital dissolution, a court,
notwithstanding the terms of the agreement, may require the other party
to provide support to the extent necessary to avoid that eligibility.
(3) An issue of whether a premarital agreement is unconscionable
shall be decided by the court as a matter of law. [1987 c.715 §6]Note: See note under 108.700. 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]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. [1987 c.715
§8]Note: See note under 108.700.(1) ORS 108.700 to
108.740 may be cited as the Uniform Premarital Agreement Act.
(2) 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.
(3) If any provision of ORS 108.700 to 108.740 or its application
to any person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of ORS 108.700 to 108.740 which
can be given effect without the invalid provision or application, and to
this end the provisions of ORS 108.700 to 108.740 are severable. [1987
c.715 §9]Note: See note under 108.700.
_______________
PARENT AND CHILD RELATIONSHIP
|
