Or. Admin. Code § 918-261-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 918-261-0040 - Interpretation of "Owner" in ORS 479.540(1)

For the purposes of ORS 479.540(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.

Or. Admin. Code § 918-261-0040

BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96; BCD 23-2000, f, 9-29-00, cert. ef. 10-1-00; BCD 3-2007, f. 3-30-07, cert. ef. 4-1-07

Stat. Auth.: ORS 455.117, 479.540, 479.680, 479.730

Stats. Implemented: ORS 479.540, 479.680