Courts · Answer
Can one spouse be ordered out of the house during an Oregon divorce?
The short answer
In limited circumstances, yes. ORS 107.095 lets an Oregon court make temporary orders while a divorce is pending about who uses the family home and who pays the liens, and it can order a party out of the home. In Lane County, SLR 8.042 sets the steps: an affidavit, an order to show cause, and service at least 21 days before the hearing.
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What ORS 107.095 allows
While a dissolution case is pending, ORS 107.095 lets the court make temporary orders about who uses and possesses property and who pays the liens on it, which includes the mortgage. The same statute lets the court order a party out of the family home in limited circumstances. It isn't automatic. Someone has to ask, and the court decides based on the facts of the case. Ask your attorney what evidence matters.
I'm a real estate broker, not an attorney, so I can't tell you whether your situation fits. Your attorney can, and they'll know what the court needs to see.
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The Lane County steps
Lane County's local rule SLR 8.042 governs motions for exclusive use of the family home under ORS 107.095. It calls for an affidavit, an order to show cause and service on the other spouse at least 21 days before the hearing. That 21-day notice is fixed. Plan around it if a sale or a move depends on the outcome. The Lane County Family Court Assistance Office at 541-682-4302 can explain the procedure, though its facilitators can't give legal advice.
Linn, Benton and Douglas courts have their own supplementary local rules, linked in the sources below, and your attorney can tell you which provisions apply where you filed. The help offices in each county are listed on where can I get free help with divorce forms.
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What it means for a sale
An exclusive-use order doesn't sell the house or change who owns it. Both of you are still on title, and both of you still have a say in the sale under the consent rule in ORS 107.093. What changes is daily life: who lives there, who gets showing notices and who keeps the place ready. I build the plan around whatever the order says, and the page on how showings work if one of you lives there explains how.
If the order says who pays the mortgage meanwhile, tell me early. It shapes the timeline. An order about who stays can also change how the house shows, since the person living there controls much of what buyers see, so we agree early on what prep happens and who pays for it.
Confidential consult
Your situation, specifically.
Tell me where things stand. I’ll tell you what the sale could look like for your situation, and what to ask your attorney first.