OAR 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.