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 Iowa, which is not a community property state but rather an equitable distribution state, the marital home is typically considered marital property if it was acquired during the marriage, regardless of whose name is on the title. During a divorce, the court will divide marital property in a way that is equitable, but not necessarily equal, based on a variety of factors such as the length of the marriage, the contribution of each spouse to the marriage, and the economic circumstances of each spouse. Decisions about who remains in the marital home during the separation period or after the divorce can be complex and are often determined as part of temporary orders or the final divorce decree. Spouses may agree on living arrangements, or the court may order one spouse to move out. It is important for spouses to consult with an attorney to understand their rights and obligations regarding the marital home, especially before making the decision to move out, as this can affect their interests in the property and other aspects of the divorce settlement.