2013 ORS § 107.115¹
Effect of judgment
  • effective date
  • appeal pending upon death of party

(1) A judgment of annulment or dissolution of a marriage restores the parties to the status of unmarried persons, unless a party is married to another person. The judgment gives the court jurisdiction to award, to be effective immediately, the relief provided by ORS 107.105 (Provisions of judgment). The judgment shall revoke:

(a) A will pursuant to ORS 112.315 (Revocation by divorce or annulment).

(b) A transfer on death deed pursuant to ORS 93.981 (Effect of divorce or annulment on transfer on death deed).

(2) The marriage relationship is terminated when the court signs the judgment of dissolution of marriage.

(3)(a) The Court of Appeals or Supreme Court shall continue to have jurisdiction of an appeal pending at the time of the death of either party. The appeal may be continued by the personal representative of the deceased party. The attorney of record on the appeal, for the deceased party, may be allowed a reasonable attorney fee, to be paid from the decedents estate. However, costs on appeal may not be awarded to either party.

(b) The Court of Appeals or Supreme Court shall have the power to determine finally all matters presented on such appeal. Before making final disposition, the Court of Appeals or Supreme Court may refer the proceeding back to the trial court for such additional findings of fact as are required. [1971 c.280 §14; 1981 c.537 §2; 1987 c.586 §26; 1993 c.149 §1; 1999 c.569 §3; 2003 c.576 §111; 2011 c.212 §25]

Note: Section 31, chapter 212, Oregon Laws 2011, provides:

Sec. 31. Sections 19 to 21 of this 2011 Act [93.981 (Effect of divorce or annulment on transfer on death deed) to 93.985 (Forfeiture of transfer by parent who deserted or neglected transferor)] and the amendments to ORS 86.740 [renumbered 86.764 (Notice of sale for certain persons)], 93.030 (Contracts to convey, instruments of conveyance and related memoranda to state consideration), 93.040 (Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property), 107.115 (Effect of judgment), 112.465 (Slayer or abuser considered to predecease decedent), 112.570 (Definitions for ORS 112.570 to 112.590) and 125.440 (Acts conservator may perform only with court approval) by sections 22 to 28 of this 2011 Act apply to a transfer on death deed made before, on or after the effective date of this 2011 Act [January 1, 2012] by a transferor dying on or after the effective date of this 2011 Act. [2011 c.212 §31]