Courts · Answer
What is the Oregon status quo order in a divorce?
The short answer
On this site, the status quo order means the restraint in ORS 107.093. Once the summons and petition are served, both spouses are restrained from transferring, encumbering, concealing or disposing of property the other has an interest in, unless the other gives written consent or a court orders it. It lasts until the judgment, a dismissal, or a court order.
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What it says
ORS 107.093 kicks in when the summons and petition are served. From then on, both spouses are restrained from four things with property the other spouse has an interest in: transferring it, encumbering it, concealing it or disposing of it. It doesn't matter who filed. The restraint binds you both the same way.
In plain words, transferring means moving ownership, like selling or deeding the house to someone. Encumbering means putting a debt against it, like a new home equity loan. Concealing means hiding it. Disposing means getting rid of it. It binds both spouses from service on, whether you're living together or apart.
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The two exceptions
The statute names two ways past the restraint. The first is the other party's written consent. The second is a court order. If you and your spouse both want to sell the house, a signed written consent, ideally drafted by your attorneys, is the usual starting point, and do we need a court order to sell explains when the second route comes in.
I'm not an attorney. Ask yours whether the statute treats anything else differently in your case. Put the consent in writing even if you're on good terms. The statute asks for written consent, not a handshake.
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How long it lasts
The restraint stays in effect until the judgment is entered, the case is dismissed or a court orders otherwise. Either party can ask the court for a hearing about it. If the case drags on, the restraint drags on with it, so a couple who decides to sell partway through a long case still needs that written consent even if they settled everything else months ago. Once there's a judgment, the judgment's terms take over for the house. The restraint itself is not a sale plan, and it doesn't say who keeps the house or who pays for it while the case is open. Those questions belong to temporary orders under ORS 107.095, if either of you asks the court for them.
For a sale, the restraint mostly changes the order of things. Before service, two co-owners agree and sell. After service, the written consent or court order comes first, then the listing, as covered in can I list the house after papers are served. Everyone on title still signs the deed at closing.
Sources · checked 23 Oct 2026
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