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 Alabama, the marital home is typically considered marital property if it was acquired during the marriage, regardless of whose name is on the title. This means that the home is subject to division upon divorce. Alabama is an equitable distribution state, which means that marital property is not necessarily divided equally, but rather in a way that is deemed fair by the court. Factors such as the length of the marriage, the contributions of each spouse to the marriage, and the economic circumstances of each spouse can influence the division of property. When it comes to who stays in the marital home during separation or after divorce, the court may consider various factors, including the best interests of any children involved and each spouse's financial situation. It is important for spouses to consult with an attorney to understand their rights and obligations regarding the marital home, as decisions about living arrangements can have legal implications for property division, child custody, and other aspects of the divorce settlement.