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 Ohio, the marital home is typically considered marital property because it is acquired during the marriage and is owned by both spouses. Upon divorce, Ohio law requires an equitable division of marital property, which does not necessarily mean equal but rather what is fair and just for both parties. If the marital home is separate property, meaning it was owned by one spouse prior to the marriage or inherited, it may not be subject to division, unless it has been commingled with marital assets. 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 financial considerations. Temporary orders may be issued by the court to address immediate housing needs until a final decision is made. Spouses should seek guidance from an attorney to navigate the legal implications of remaining in or moving out of the marital home, as the consequences of these decisions can affect property division, custody arrangements, and financial obligations.