Tool
Path finder.
Four questions. One plain route for where you are, with what to read next.
The short answer
Whether you can list the house depends mostly on two things: whether divorce papers have been served (ORS 107.093 then requires written consent or a court order) and whether you both agree. Answer the questions and the route appears below them.
Your route
Why these four questions
The first question matters most. Before divorce papers are served, nothing in the divorce statutes stops two owners from listing together, though your attorneys should still see any agreement first. Once the summons and petition are served, ORS 107.093 restrains both of you from selling or borrowing against property the other has an interest in, unless the other gives written consent or a court orders it. After the judgment is signed, the judgment decides.
The second question decides whether the sale is a shared project or a dispute. When you both want to sell, the work is putting the decisions in writing. When you don’t, it becomes a question for your attorneys and possibly the court, which can also make temporary orders about the house while the case goes on.
The last two questions are about a buyout. Keeping the house only works if the person who stays can carry the loan alone, because a quitclaim deed changes the title and not the mortgage. If you’re not sure, the keep-or-sell calculator gives you a rough loan and payment to take to a lender.
Sources · checked 23 Oct 2026
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About this tool
Is this legal advice?
No. It points you to the right questions and pages for your situation. How the law applies to your case is for your attorney.
What if we filed but haven’t served papers?
The restraint in ORS 107.093 starts when the summons and petition are served. Before that, it doesn’t apply, but you should still talk to your attorney before agreeing to anything about the house.
What if I’m not sure whether I could qualify alone?
Choose “not sure” and the route is based on where the case is. Then try the keep-or-sell calculator and ask a lender for a written pre-approval.
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