Oregon Statutes - Chapter 108 - Husband and Wife Relationship; Property Rights; Premarital Agreements

• 108.010   Removal of wife’s civil disabilities; wife’s civil rights same as husband’s.
  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...
• 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. (2) The domicile...
• 108.020   Nonliability for other spouse’s obligations.
  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,...
• 108.030   Liability of husband for civil injuries committed by wife.
  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...
• 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 husband and wife, or either...
• 108.045   Liability of stepparent for expenses of family and education of children.
  (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...
• 108.050   Nonliability of wife’s property for husband’s obligations.
  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...
• 108.060   Noninterest of one spouse in property of other.
  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...
• 108.070   [Repealed by 1999 c.182 §1]
• 108.080   Civil remedies between spouses in respect of separate property.
  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...
• 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 husband or wife to or in favor of the other is valid to the same extent...
• 108.100   Husband and wife as attorney in fact for each other.
  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...
• 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...
• 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...
• 108.130   Fees.
  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...
• 108.140   [Repealed by 1987 c.715 §10]
• 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, any husband and wife who elected...
• 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...
• 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...
• 108.530   Removal of community property status by agreement.
  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...
• 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...
• 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 other person may rely, and shall be...
• 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]
• 108.700   Definitions for ORS 108.700 to 108.740.
  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...
• 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] Note: See note under 108.700.
• 108.710   Subjects of agreement; child support not to be adversely affected.
  (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...
• 108.715   Agreement effective upon marriage.
  A premarital agreement becomes effective upon marriage. [1987 c.715 §4] Note: See note under 108.700.
• 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...
• 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: (a) That party did not execute the agreement...
• 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...
• 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...
• 108.740   Short title; construction; severability.
  (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...

Last modified: August 7, 2008