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 Michigan, which is not a community property state but an equitable distribution state, the marital home is typically considered marital property if it was acquired during the marriage, regardless of whose name is on the title. During a divorce, the court will divide marital property in a way that it deems fair, though not necessarily equal. The decision about who stays in the marital home during the separation period or after the divorce can be complex and is influenced by various factors, including but not limited to, each spouse's financial contribution to the home, the best interests of any children involved, and each party's financial needs and resources. If the spouses cannot agree on who should stay in the marital home, the court may order one spouse to move out, or it may order the home to be sold and the proceeds divided. Spouses should consult with an attorney to navigate the specifics of their situation and to ensure that their rights and interests are adequately protected during the division of property in a divorce.