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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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I live in Oregon, my husband and I have been separated for

Customer Question

I live in Oregon, my husband and I have been separated for eight months. We are not legally separated though. He drinks and drives and I am concerned if he is arrested or is involved in an accident I would also be held responsible for any money that had to be paid out.
JA: When we are ready I'll take you to the appropriate web page.
Customer: Thank you
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Oregon
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 5 months ago.

Under code 108.020, since Oregon is not a community property state, each spouse is liable for their own debt unless the other spouse cosigns or otherwise agree to accept responsibility:

Neither spouse in a marriage is liable for the debts or liabilities of the other spouse incurred before marriage. Except as provided in ORS 108.040 (Liability of parents for expenses of family and education of children), a spouse in a marriage is not liable for the separate debts of the other spouse, and the rent or income of property owned by either spouse is not liable for the separate debts of the other spouse.

108.040 specifically states:

Notwithstanding subsection (1) of this section, after the separation of one spouse from the other spouse, a spouse is not responsible for debts contracted by the other spouse after the separation except for debts incurred for maintenance, support and education of the minor children of the spouses.

(3)For the purposes of subsection (2) of this section, spouses shall be considered separated if the spouses are living in separate residences without intention of reconciliation at the time the debt is incurred

This brochure may help with the process:

http://www.courts.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/LASO-FamilyLawinOregon.English.2010.pdf

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html