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 New Jersey, 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 marital home is subject to equitable distribution, which means the property will be divided in a manner that is fair but not necessarily equal. Factors such as the length of the marriage, the economic circumstances of each party, and the contributions of each spouse to the marital property, among others, are considered in the division. Decisions about who stays in the marital home during separation or pending divorce can have significant legal implications. For instance, moving out can affect custody arrangements and may be seen as abandonment of the property. However, if domestic violence is a concern, a spouse may seek a restraining order that could require the other spouse to leave the home. It is crucial for spouses to consult with a family law attorney to understand their rights and options regarding the marital home during separation or divorce proceedings in New Jersey.