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 Nevada, which is a community property state, the marital home acquired during the marriage is generally considered community property, meaning both spouses have an equal interest in it. Upon divorce, the marital home is subject to division between the spouses. Nevada law aims to divide community property equally, unless there is a compelling reason to do otherwise. If the home is separate property, meaning it was owned by one spouse before the marriage or acquired by gift or inheritance, it may not be subject to division. However, the increase in value of separate property during the marriage may be considered community property. When spouses decide to divorce, legally separate, or live apart, decisions about who stays in the marital home can have significant legal implications. Temporary orders may be issued by the court to determine who stays in the home during the divorce proceedings. Spouses should consult with an attorney to understand their rights and options regarding the marital home, as the decision to move out can affect property division, child custody, and other aspects of the divorce settlement.