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Community Property Rights in Common Law Oregon – Update

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Oregon is a common law property state, so what happens when you move here from a community property state and you want to preserve your community property rights?

If you are a community property couple and you move to Oregon, you need to be careful how you buy property, how you title it, how you finance it, how you dispose of it, etc., etc., etc.

The January 2008 issue of the OSB Estate Planning and Administration Section newsletter has an article on the subject, Preserving Community Property Rights in Oregon, by Kevin Tillson, Hunt & Associates, PC.

P.S. For non-attorneys – please don’t confuse common law property rights with common law marriage, another matter entirely. See the Oregon State Bar blurb:

“Does Oregon have common law marriages?
A common law “marriage” is not created in Oregon. However, if a couple is from a state that acknowledges common law marriages, and the couple meets the requirements of common law marriage of that state, then the state of Oregon will recognize the marriage of that state as valid in Oregon.”

See also:
“Debt and Marriage: When Do I Owe My Spouse’s Debts” from Nolo.com
“Marriage & Property Ownership: Who Owns What?” from Nolo.com
Here’s a link to my How to Find a Lawyer guide.

Originally posted 1/28/08 
Updated 4/12/12