Estacada, OR asked in Family Law and Real Estate Law for Oregon

Q: How can I stop my spouse from selling our home?

I am taking care a elderly father in another state and our home is in Oregon. His name is on the deed but we got the home together

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1 Lawyer Answer
Jessica Larsen
Jessica Larsen
Answered
  • Hillsboro, OR
  • Licensed in Oregon

A: Did you file for divorce in Oregon already? If you have, there is an automatic restraining order preventing both parties from disposing of marital assets. If you purchased the home together while you were married, the house is considered a marital asset and cannot be disposed of, regardless of whose name is on the deed. When filing for divorce, the court orders an "equitable division of marital property," which gives no regard to names on deeds or titles. I am available if you have additional questions.

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