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 North Carolina, 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, North Carolina follows the principle of equitable distribution, which means the court will divide marital property in a way that is fair, though not necessarily equal. Both spouses have an equal right to live in the marital home during the separation period, but if one spouse leaves, it does not mean they forfeit their interest in the property. However, who stays in the marital home can have implications for other aspects of the divorce settlement, such as child custody. Decisions about who remains in the home should be made carefully, as they can affect the outcome of the property division. Spouses may agree on who will stay in the marital home, or the court may issue an order as part of a divorce proceeding. It is advisable for spouses to consult with an attorney to understand their rights and options regarding the marital home in the context of separation or divorce in North Carolina.