Agreeing · Answer
What if my spouse won't sign the closing papers?
The short answer
Everyone on title has to sign the deed, so a spouse who refuses can stop the closing. Call your attorney right away. After papers are served, ORS 107.093 lets the court order a transfer when the other spouse won't consent, and a judgment can direct what happens to the house. Catching the problem before an offer is accepted is far better than catching it at closing.
- 01
Why one signature matters
A buyer can't receive the house unless every owner on title signs the deed over. If the deed went to the two of you as spouses, ORS 93.180 says it created a tenancy by the entirety unless it said otherwise, and your attorney can explain how that shapes things. Either way, one missing signature is enough. The closing stops. If you're not sure who is on title, the deed recorded with your county will show it, and I can pull a copy before we list.
That's why I don't wait until closing day to find out whether both of you are ready. Problems found then cost the most.
- 02
Head it off early
I check in with each of you separately at a few points: before we list, when an offer comes in and when the closing date is set. If one of you is wavering, I'd rather know with weeks to spare. Earlier is cheaper. Each of you can sign at a different time and place, so nobody has to sit across a table from the other. Ask the title company about the arrangement that works for you, and I'll set it up with them. Closing documents can reach each of you ahead of time, too, so neither of you is reading a page for the first time with a notary waiting.
Sometimes the refusal is about something else, like how the money will be held after closing. Getting that written down with your attorneys can be what brings a signature.
- 03
When it goes to court
If your spouse simply won't sign, the answer is legal, not real estate. While the case is open and papers have been served, ORS 107.093 lets the court order a transfer when one spouse won't give written consent. After the judgment, what the judgment says about the house controls, and your attorney can tell you how it can be enforced. I'm a broker, not an attorney, so I won't guess at the remedy. That's your attorney's job.
What I can do is keep the buyer's side informed in neutral terms and give your attorneys an exact record of what was sent and signed. See when a spouse won't cooperate for the longer version.
Sources · checked 23 Oct 2026
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