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 Mississippi, 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 equitably divide marital property between the spouses, which includes the marital home. Mississippi does not follow community property laws but rather the principle of equitable distribution, meaning the division of assets will be fair but not necessarily equal. Decisions about who stays in the marital home during separation or after divorce can be complex and are influenced by various factors, including child custody arrangements and each spouse's financial situation. If the home is separate property, owned by one spouse prior to the marriage or acquired by inheritance or gift, it may not be subject to division, but the other spouse may have certain rights to the property, especially if they contributed to its maintenance or mortgage payments. Spouses in Mississippi 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 process of separation or divorce.