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Bill would add 'exclusive' to temporary property orders in divorce statutes
Summary
House Bill 26 38 would clarify that a court may award exclusive temporary use, possession and control of property during dissolution, annulment, or separation proceedings, making explicit that the awarded party can exclude the other party for the pendency of the litigation.
Representative Kim Wallen told the House Judiciary Committee that House Bill 26 38 clarifies ORS 107.095(1)(f) to state explicitly that during the pendency of a marital annulment, dissolution or separation lawsuit a court may grant one party exclusive temporary use, possession and control of real or personal property.
“Temporary use, possession and control did not seem to adequately express what the meaning of the statute was to the judge, so we felt that adding the word exclusive would make it crystal clear,” Representative Wallen said, explaining the change arose after a county judge’s temporary order created uncertainty about whether the awarded party could exclude the other party from the property.
Representative Mannix asked whether drafting should allow both exclusive and nonexclusive temporary awards (for example, splitting use of a vacation property by date). Wallen said adding a qualifier that preserves both options would undercut the bill’s purpose and offered to consult stakeholders and consider an amendment that places the word differently in the sentence if needed. No committee action on HB 26 38 was recorded during the Feb. 11 hearing.
The bill’s sole textual change described in testimony is the insertion of the word “exclusive” into the statute’s subsection governing temporary awards of use, possession and control of property.
