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Community Property Rights in Common Law Oregon

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 latest issue (January 2008) 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. (Current issues of the newsletter are not online yet, but previous ones are so check back soon or call your county law library and ask if they have a copy.)

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:

"Is common law marriage valid in Oregon?

An informal or common law "marriage" is not valid if arranged in Oregon. However, if a couple marry at common law in a state that recognizes common law, and the couple meet the requirements of that law to be legally married, the marriage will be valid in Oregon."

Here's a link to my How to Find a Lawyer guide.

Full post as published by Oregon Legal Research on January 28, 2008 (boomark / email).