Q: How can I stop my spouse from selling our home?
I home is in his name only but got the home together. I am out of state taking care of father
A: The only way to legally prevent him from selling the home is to file a notice of lis pendens. To do that, you will have to first file a petition for dissolution of marriage or legal separation.
Joanne Reisman agrees with this answer
A: File for divorce. The Oregon Court will issue a restraining order as soon as the divorce is filed that should help but I would also recommend getting a restraining order the specifically stops him from selling the house. This is because the automatic restraining order that issues when someone files for a divorce still will allow a spouse to sell or encumber property to pay their living expenses or to pay their attorney fees so it isn't perfect.
A: A notice of lis pendens is also a great idea. The official legal description of the house needs to be in both the divorce petition and the notice of lis pendens.
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