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 Georgia, 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 an equitable division during a divorce. Equitable does not necessarily mean equal, but rather what is fair considering the circumstances of the marriage. When spouses decide to divorce, legally separate, or live apart, decisions about who stays in the marital home can have legal implications. Temporary arrangements may be established through a temporary order during the divorce proceedings. Ultimately, the division of the home will be part of the final divorce settlement, which may involve one spouse buying out the other's interest, selling the home and dividing the proceeds, or other arrangements. It is important for spouses to consult with an attorney to understand their rights and options regarding the marital home, as decisions made can affect property division, child custody arrangements, and possibly spousal support.