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 Florida, the marital home is typically considered marital property if it was acquired during the marriage, regardless of whose name is on the title. Florida is an equitable distribution state, which means that in the event of a divorce, the marital property will be divided in a manner that is fair, but not necessarily equal. When it comes to deciding who stays in the marital home during a separation or after a divorce, the court will consider various factors, including the best interests of any children involved, each spouse's financial situation, and the contributions each spouse made to the marriage. If one spouse is awarded the home, the other may be compensated with other assets or through a buyout. It's important for spouses to consult with an attorney to understand their rights and obligations regarding the marital home, as decisions made during separation or divorce can have long-term financial and legal consequences.