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 Louisiana, which is a community property state, the marital home is typically considered community property if it was acquired during the marriage, regardless of whose name is on the title. This means that both spouses have an equal interest in the property. Upon divorce, community property is generally divided equally between the spouses, unless there is a valid agreement stating otherwise. When it comes to who stays in the marital home during separation or after filing for divorce, the court may issue orders regarding possession of the home, often considering factors such as child custody arrangements and each spouse's financial situation. If one spouse owned the home before the marriage, it may be considered separate property and not subject to division, but any increase in value during the marriage could be considered community property. Spouses should seek advice from an attorney to navigate the complexities of property division and to make informed decisions about their living arrangements during and after divorce proceedings.