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 Massachusetts, the marital home is considered part of the marital estate, regardless of whose name is on the deed. This means that the home is subject to division during a divorce. Massachusetts follows the principle of equitable distribution, which means that the property will be divided in a manner that is fair but not necessarily equal. Factors such as the length of the marriage, the conduct of the parties during the marriage, and each spouse's contribution to the marital estate are considered. When deciding who will stay in the marital home, the court may consider the best interests of the children, if any, and the financial circumstances of each spouse. 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, custody, and support.