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 Illinois, the marital home is typically 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. Illinois is an equitable distribution state, which means that marital property is not necessarily divided equally, but rather in a way that is deemed fair by the court, taking into account various factors such as each spouse's contribution to the property and economic circumstances. When spouses decide to divorce, legally separate, or live apart, decisions about who stays in the marital home can have significant legal implications. Temporary arrangements may be established through orders of protection or exclusive possession orders, especially in cases involving domestic violence or the welfare of children. Ultimately, the division of the marital home is determined during the divorce proceedings. Spouses are encouraged to consult with an attorney to navigate the complexities of property division and to ensure their rights and interests are protected.