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 Kentucky, 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. Kentucky 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, which may consider various factors such as each spouse's economic circumstances, contributions to the marriage, and the value of the property. When spouses decide to divorce, legally separate, or live apart, decisions about who remains in the marital home can have significant legal implications. Temporary arrangements may be established through a separation agreement or court order, and ultimately, the disposition of the home will be part of the divorce proceedings. It is important for spouses to consult with a family law attorney to understand their rights and options regarding the marital home, as making an uninformed decision can have long-term financial and legal consequences.