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

Q: My spouse was awarded house in decree but owes a buyout. He no longer wants the house nor to do the buyout.

Over two years ago I was divorced and my spouse was awarded the house. He also had to give me a buyout. As part of the divorce decree I would be able to stay in the house for four years and at the end of those four years he would have to buy me out. He has since moved out of the house and has told me in writing he wants to amend our decree to give me the house and avoid the buyout. I'm okay with this but my understanding is you can't just change property that easily from a decree. He never took me off the deed or title or did any paperwork after the divorce. How can I amend the decree with his agreement to modify these changes then remove him from the deed of the house?

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Beaverton, OR
  • Licensed in Oregon

A: Your understanding that you can't just change the property division in the divorce is correct. Instead of amending the decree, I recommend you enter into a new agreement to purchase the home from your former spouse, who is now the current owner of the home, in exchange for satisfying his obligation to buy you out.

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