Timing · Answer
Can I list the house after divorce papers are served?
The short answer
Yes, with the right paperwork. After the summons and petition are served, ORS 107.093 restrains each spouse from transferring or encumbering property the other has an interest in, unless the other spouse consents in writing or a court orders it. So before the house goes on the market, get your spouse's signed consent to the sale, or ask the court.
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What service changes
Service is the moment the restraint begins. Under ORS 107.093, once the summons and petition have been served, neither of you may transfer, encumber, conceal or dispose of property the other has an interest in without the other party's written consent or a court order. It applies to both spouses equally, no matter who filed. It stays in place until the judgment, a dismissal, or a court order ends it.
Whether signing a listing agreement on its own counts as a transfer is a legal question, and I'm not an attorney. What I know for certain is that the sale the listing leads to moves the house to a buyer. So I treat consent as step one, not something to sort out once an offer arrives.
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Two routes forward
The first is written consent. If you both want to sell, your attorneys can put that agreement on paper, ideally covering the sale itself and how the proceeds will be held until the property is divided. Clear wording now saves a scramble later. It also gives me something concrete to show the title company when we open escrow, so nobody has to rely on a remembered phone call.
The second is a court order. ORS 107.093 lets either party ask the court for a hearing, and a judge can allow the sale even if one spouse won't agree. That takes longer and costs more, and your attorney is the person to tell you whether it fits your case. The page on what to do when your spouse won't agree to sell walks through the softer options first.
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How I begin
When papers have already been served, I ask both of you, separately and in writing, whether you want to sell and whether your attorneys have signed off. I don't judge whether a consent document is legally enough. That's your attorney's call. I simply won't market a house where one owner hasn't agreed and no court has ruled, because that sale could stall at the deed. If you're not sure where you stand, the path finder sorts out your next step in a few questions.
A consent to sell doesn't have to feel hostile. It can be the first thing your two attorneys agree on, and it gives the sale a clear starting line that neither of you can later say you didn't know about. Short and signed beats long and stalled.
Sources · checked 23 Oct 2026
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