Skip to main content
Find a Lawyer

Oregon Revised Statutes Domestic Relations § 108.040

Current as of January 01, 2023 | Updated by Findlaw Staff

(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Oregon Revised Statutes Domestic Relations § 108.040 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-11-domestic-relations/or-rev-st-sect-108-040/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard