The marital home in which spouses live during the marriage is usually marital or community property because it was acquired during the marriage, is jointly owned by the spouses, and is subject to division upon divorce. When spouses decide to divorce, legally separate, or simply live apart, there are potential legal implications for who remains in the marital home and who moves out—whether the home is separate property or marital property. These laws vary from state to state, and spouses should consult with a family law attorney to fully understand their options and protect themselves from the consequences of an uninformed decision.

In Alaska, which is an equitable distribution state, the marital home is considered marital property if it was acquired during the marriage, regardless of whose name is on the title. Upon divorce, the court will divide marital property in a manner that is equitable, but not necessarily equal, based on various factors such as the length of the marriage, the parties' health, earning capacities, and the circumstances leading to the divorce. Decisions about who remains in the marital home during separation or after divorce are made on a case-by-case basis. If the home is separate property, meaning it was owned by one spouse before marriage or acquired by gift or inheritance, it may not be subject to division, but the other spouse may have certain rights if they contributed to its maintenance or mortgage payments. Spouses should consult with an attorney to understand how these rules apply to their specific situation and to ensure that their rights and interests are protected when making decisions about the marital home.