108.740���� Short title; construction; severability GENERAL PROVISIONS ����� 108.010 Removal of spouse�s civil disabilities; spouse�s civil rights same as other spouse�s. (1) All laws that imp

108.740���� Short title; construction; severability

GENERAL PROVISIONS

����� 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a spouse in a marriage that are not imposed upon or recognized as existing with respect to the other spouse are hereby repealed.

����� (2) 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 hereby conferred upon the other spouse, including, but not limited to, the right of action for loss of consortium of the spouse. [Amended by 2015 c.629 �14]

����� 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 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 given. [1975 c.434 �1; 1981 c.775 �8]

����� 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.

����� 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]

����� 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]

����� 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.

����� (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 spouses in a marriage and the minor children of the spouses.

����� (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 the spouses 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; 2015 c.629 �17]

����� 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.

����� (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; 2015 c.629 �18]

����� 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.

����� 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]

����� 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]

����� 108.070 [Repealed by 1999 c.182 �1]

����� 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]

����� 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.

����� (2) 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 an estate in entirety, the spouses hold the real property described in the conveyance by the entirety.

����� (3) A conveyance from a spouse to the other spouse of the spouse�s interest in an estate held by the spouses by entirety is valid and dissolves the estate by entirety. All deeds heretofore executed by either spouse to the other spouse for the purpose of dissolving the estate by entirety are valid. [Amended by 2015 c.629 �22]

����� 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]

����� 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.

����� (2) As used in this section, �child attending school� has the meaning given that term in ORS