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Oregon Revised Statutes

Or. Rev. Stat. § 108.060 (2026)

Noninterest of one spouse in property of other spouse

✓ current as of May 2026
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      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      108.070 [Repealed by 1999 c.182 §1]

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1955–2022 · leading case: Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016).
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Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016). “050 (specifically adding that that is also true of “real or personal property acquired by the spouse’s own labor during the marriage”), and a spouse generally has no interest in property owned by the other spouse, ORS 108.060 (subject to exception for family expenses and…”
Smith v. Smith, 287 P.2d 572 (Or. 1955). “See ORS 108.060. Husband or wife could sue the other to recover his or her separate property as if they were unmarried.”
Louie v. Louie, 506 P.3d 1187 (Or. Ct. App. 2022). “” And ORS 108.060 provides: “When property is owned by either spouse in a mar- riage, 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…”
Graff v. Comm'r, 44 T.C.M. 701 (Tax Ct. 1982). “(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…”
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