OAR 918-261-0040
Interpretation of “Owner” in ORS 479.540(1)

For the purposes of ORS 479.540 (Exemptions)(1):

(1)

The owner of property to which this exemption applies shall be a natural person and not a business entity such as a corporation or partnership.

(2)

The members of the owner’s immediate family are defined in section (3). Persons whose only relationship is as an officer, stockholder, partner or employee of a business entity to which the owner is affiliated are not included.

(3)

“Immediate family” of an owner includes the owner’s:

(a)

Parent;

(b)

Step-parent or parent’s domestic partner;

(c)

Sibling and sibling’s spouse or domestic partner;

(d)

Child and child’s spouse or domestic partner;

(e)

Spouse or domestic partner;

(f)

Spouse’s or domestic partner’s child and the child’s spouse or domestic partner;

(g)

Grandchild; and

(h)

Grandparent.

(4)

“Immediate family” of an owner does not include the owner’s step-sibling, aunt, uncle, cousin, step-grandchild, or step-grandparent.

(5)

“Domestic partner” means a person in a relationship with another person, each of whom:

(a)

Is at least 18 years of age and capable of entering into a civil contract or, if 17, has the written consent of a parent or guardian to enter into the domestic partnership;

(b)

Is not a first cousin or any nearer kin to the other person, whether of the whole or half blood, and whether by blood or adoption, except for a first cousin by adoption only;

(c)

Desires a relationship of marriage under Oregon law and would enter into marriage with the other person, and only with the other person, if Oregon law permitted such a marriage;

(d)

Acknowledges and accepts financial obligations to the other person and to third parties similar to the financial obligations that arise by reason of a marriage recognized under Oregon law and has joint financial accounts, and joint financial responsibilities;

(e)

Is not married and has no similar commitment and responsibility to any other person; and

(f)

Has continuously lived with the other person for six (6) months in an exclusive relationship that each intends to maintain for the rest of their lives.

Source: Rule 918-261-0040 — Interpretation of “Owner” in ORS 479.540(1), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=918-261-0040.

Last Updated

Jun. 8, 2021

Rule 918-261-0040’s source at or​.us