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 Maryland, 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 equitable distribution during a divorce. Maryland follows the principle of equitable distribution, which means that the court will divide marital property in a way that is fair, but not necessarily equal. When spouses decide to divorce, legally separate, or live apart, decisions about who stays in the marital home can have significant legal implications. Temporary orders may be issued to determine who has the right to stay in the home during the divorce proceedings. Ultimately, the court may order the sale of the home, award the home to one spouse, or take other actions as part of the property division process. Spouses should consult with an attorney to understand their rights and options regarding the marital home, as decisions made can affect property rights, financial obligations, and even child custody arrangements.