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 Kansas, 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. Upon divorce, the court will divide marital property in a manner that is just and reasonable. The division is not necessarily equal but is based on various factors, including each spouse's financial situation, contributions to the marriage, and the needs of any children involved. When deciding who will remain in the marital home during separation or after divorce, the court may consider factors such as the custody arrangements for children and the financial ability of each spouse to maintain the home. It is important for spouses to consult with an attorney to understand their rights and obligations related to the marital home, especially before making the decision to move out, as this can have implications for property division and custody matters.