Real Property in an Oregon Divorce
In a Nutshell: The Top Four Options
When dividing real property in a divorce, couples generally choose from four primary paths. These options range from an immediate financial break to ongoing shared ownership.
1. Immediate Sale and Division of Proceeds: The property is placed on the open market for sale to a third party. Once the transaction closes, the remaining net proceeds are divided according to the terms of the settlement.
2. Buyout: One person retains sole ownership of the home while paying the other for their share of the divisible equity. This process requires the retaining party to remove the other spouse from the liability by refinancing the existing mortgage into their individual name.
3. Deferred Sale: Both parties agree to maintain joint ownership of the home for a specific, predetermined period of time. Once that agreed-upon milestone is reached, the property is placed on the market and the proceeds are divided.
4. Long-Term Joint Co-Ownership: The former spouses choose to hold onto the property indefinitely as an income-producing rental or shared investment. This arrangement requires ongoing joint management and mutual decision-making regarding the asset's financial obligations.
Deciding which of these paths makes sense requires looking past the immediate transaction to see the long-term impact on your life. Because of my substantial training in divorce finance and the detailed rubric I use to assess my clients' finances, I will offer you insights that reflect that training and 21 years of experience.
Matthew House J.D. | Divorce Mediation
3800 SW Cedar Hills Blvd., Suite 271
Beaverton, OR 97005
(503) 643-5284
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Matthew House's practice is neutral, limited to divorce mediation and financial analysis. He holds a law degree but is not a member of the Oregon State Bar. No information provided on 503.legal constitutes legal advice. The use of this website does not form a mediator-client relationship.
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