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 Arizona, which is a community property state, the marital home acquired during the marriage is typically considered community property and is subject to division upon divorce. Both spouses have an equal interest in such property, regardless of whose name is on the title. When a divorce, legal separation, or decision to live apart occurs, decisions must be made about who will continue to live in the marital home. This can be determined through an agreement between the spouses or by a court order. The court may consider factors such as child custody arrangements and the financial situation of each spouse when deciding who should remain in the home. If the home is separate property, meaning it was owned by one spouse before the marriage or acquired by gift or inheritance, it may not be subject to division, but the other spouse may have certain rights to live there temporarily under specific circumstances. Spouses facing these decisions should consult with an attorney to navigate the complexities of property division and to ensure their rights and interests are protected.