Oregon Dissolution of Marriage With a House — Your Options (2026)

A home purchased during the marriage with marital funds is marital property subject to equitable distribution. Oregon's automatic temporary restraining orders protect the home from the moment of filing — neither party can sell, encumber, or transfer the property while the case is pending.

ATROs Protect the Home From Filing Day

Oregon's automatic temporary restraining orders (ATROs) take effect the moment the Petition is filed. The home cannot be sold, mortgaged, or transferred by either party until the dissolution is complete. This protection applies without any additional court order.

Is the Home Marital or Separate Property?

Purchased during the marriage with marital income: Marital property — subject to equitable distribution.

Owned before the marriage: Separate property of the original owner. However:

• Marital funds used for mortgage payments may have created a marital interest in the equity
• Marital funds used for improvements create a marital interest in that value
• Document pre-marital equity carefully

Inherited or gifted: Separate property.

Option 1 — One Spouse Keeps the Home

MSA must include:

• Full legal description (from the deed)
• Agreed fair market value (appraisal or agreed estimate)
• Mortgage payoff; net equity calculation
• Division of net equity (typically 50/50; or offset against other marital assets)
• Buyout: Keeping spouse pays other's share or offsets against other marital property
• Refinancing deadline: Keeping spouse refinances into their name only within X days of Judgment
• Fallback: If refinancing fails by the deadline, home is listed for sale
• Carrying costs during transition: who pays mortgage, taxes, insurance, HOA
• Quitclaim Deed: After refinancing, vacating spouse signs and delivers deed to keeping spouse

Recording Process in Oregon

1. Prepare the Quitclaim Deed or Warranty Deed
2. Grantor signs and acknowledges before a notary
3. Record at the county recording office (county assessor/clerk, or county recorder)
4. Oregon recording fees: typically $81 for first page + $5 per additional page
5. No transfer tax on dissolution deeds — confirm with county

Option 2 — Sell and Split Proceeds

MSA must include:

• Each party's percentage of net proceeds (typically 50/50)
• Timeline for listing after Judgment
• Agent selection method
• Carrying costs during listing period (who pays mortgage, taxes, insurance, HOA)
• Occupancy during listing and whether occupancy compensation applies
• Price reduction schedule
• Minimum acceptable price
• What happens if a party refuses to sign closing documents

Option 3 — Deferred Sale (Often With Children)

Postpone the sale to allow children to remain in the family home until a triggering event.

MSA must include:

• Triggering event (e.g., youngest child turns 18 or graduates high school)
• Occupying parent pays all carrying costs
• Non-occupying spouse's right to equity (specify whether it accrues; how it's calculated)
• Capital improvements: authorization required; cost sharing at sale
• Sale process and proceeds split
• Right to sell earlier if both parties agree

Pre-Marital Equity

If one spouse owned the home before the marriage, document the pre-marital equity:

• Original deed showing pre-marital ownership
• Mortgage balance at date of marriage
• Any separate funds used for down payment

In the MSA, allocate the pre-marital equity to the owning spouse, with the remainder (appreciation + marital mortgage paydown) subject to equitable distribution.

Last reviewed: March 2026 | ATROs protect home from filing date | County recording office for deed | Per-page recording fee in Oregon | MSA must specify all real estate terms

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.