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 Indiana, the marital home is typically considered marital property if it was acquired during the marriage, regardless of whose name is on the title. Indiana 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 and equitable, but not necessarily equal. When spouses decide to divorce, legally separate, or live apart, decisions about who stays in the marital home can be complex and are influenced by various factors, including but not limited to, the best interests of any children involved, each spouse's financial situation, and contributions to the marriage. If the home is separate property, meaning it was owned by one spouse before the marriage or was inherited or received as a gift, it may not be subject to division. However, the non-owning spouse may have certain rights if they contributed to the home's value. Spouses should consult with an attorney to navigate these issues and understand how Indiana law will apply to their specific situation.