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Oregon · Through 2025 Edition

ORS 105.643: When disclaimer barred or limited.

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Where this section sits in the code
  1. 03 - Landlord-Tenant, Domestic Relations, Probate
  2. 10. Property Rights and Transactions
  3. Chapter 105 — Property Rights

(1) A disclaimer is barred by a written waiver of the right to disclaim.

      (2) A disclaimer of an interest in property is barred if any of the following events occurs before the disclaimer becomes effective:

      (a) The disclaimant accepts the interest sought to be disclaimed;

      (b) The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so; or

      (c) The interest sought to be disclaimed is sold pursuant to a judicial sale.

      (3) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by the previous exercise of the power.

      (4) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

      (5) A disclaimer is barred or limited if so provided by a law other than ORS 105.623 to 105.649.

      (6) A disclaimer is barred if the purpose or effect of the disclaimer is to prevent recovery of money or property to be applied against a judgment for restitution under ORS 137.101 to 137.109.

      (7) A disclaimer of a power over property that is barred under this section is ineffective. A disclaimer of an interest in property that is barred under this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under ORS 105.623 to 105.649 had the disclaimer not been barred.

Collected 2026-09-03T23:50:11Z. Source file · JSON

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