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 Minnesota, 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 division upon divorce. Minnesota is an equitable distribution state, which means that property is divided in a manner that is fair and equitable, 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 arrangements may be established through a court order, and ultimately, the division of the home will be part of the divorce proceedings. Spouses should consult with an attorney to understand their rights and options, as the decision of who moves out can affect the division of property, child custody arrangements, and may even have implications for spousal maintenance. It is important to note that even if one spouse owned the home prior to the marriage, it could become marital property if marital funds were used to pay the mortgage or make significant improvements.