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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
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Experience:  JD, MBA
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If two people reside in Oregon, but they decide to marry in

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If two people reside in Oregon, but they decide to marry in California, which marital laws take precedence, Oregon or California? One party owes restitution to the Federal government. The other party wants to know if the financial obligation of the one party will become the responsibility of the other party. The first party owns property. The second party who owes restitution does not own any property. Please advise.
Hello and thank you for allowing me the opportunity to assist you.

The laws in the state where the parties reside will apply. So, in this case, Oregon's laws will apply. The first party's separate property cannot be taken to repay the federal government. The law states as follows:

108.020 Nonliability for other spouse’s obligations. Neither husband nor wife is liable for the debts or liabilities of the other incurred before marriage; and except as otherwise provided in ORS 108.040, they are not liable for the separate debts of each other, nor is the rent or income of property owned by either husband or wife liable for the separate debts of the other.

108.060 Noninterest of one spouse in property of other. When property is owned by either husband or wife, the other has no interest therein which can be the subject of contract between them, or such interest as will make the same liable for the contracts or liabilities of either the husband or wife who is not the owner of the property, except as provided in ORS 108.040.

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Customer: replied 3 years ago.

What is stated in ORS 108.040?

Hi again.

ORS 108.040 does not likely apply in this situation, as it deals with family/education expenses. It states:

108.040 Liability of parents for expenses of family and education of children. (1)(a) The expenses of the family and the education of the minor children are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately.
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