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 Maine, 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 equitably, though not necessarily equally, based on a variety of factors such as the length of the marriage, the contribution of each spouse to the acquisition of the property, and the economic circumstances of each spouse. When spouses decide to divorce, legally separate, or live apart, decisions about who stays in the marital home can have significant legal implications. Temporary arrangements may be established through a court order during the divorce proceedings. Ultimately, the court may award the home to one spouse or order it to be sold and the proceeds divided. Spouses should consult with an attorney to navigate the complexities of property division and to ensure that their rights and interests are protected throughout the process.