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 Colorado, 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. This means that the home is subject to division upon divorce, and the division is based on what is fair and equitable, though not necessarily equal. When spouses decide to divorce or legally separate, decisions about who remains in the marital home can be complex and are influenced by various factors, including but not limited to the financial contributions of each spouse, the best interests of any children involved, and each spouse's financial needs and resources. 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 non-owning spouse may have certain rights if they contributed to the home's maintenance or improvement. Spouses should consult with a family law attorney to navigate these issues and understand how Colorado's laws will apply to their specific situation.