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 Connecticut, the marital home is typically considered marital property if it was acquired during the marriage, regardless of whose name is on the title. Upon divorce, Connecticut courts follow an 'equitable distribution' approach, meaning the property will be divided in a way that is fair but not necessarily equal. Factors such as the length of the marriage, the reasons for the end of the marriage, and each spouse's contribution to the acquisition and preservation of the marital estate are considered. Decisions about who stays in the marital home during separation or pending divorce can have legal implications. For instance, moving out can affect custody arrangements and may be seen as abandonment of property rights in some cases. However, if domestic violence is a concern, the safety of the parties involved takes precedence, and protective orders may be issued. Spouses should consult with an attorney to understand their rights and obligations regarding the marital home during separation or divorce proceedings in Connecticut.