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 Oklahoma, the marital home is typically considered marital property if it was acquired during the marriage, regardless of whose name is on the title. This means that the home is subject to equitable distribution during a divorce. Oklahoma is an equitable distribution state, not a community property state, which means that property is divided in a manner that the court deems fair, which may not always be equal. 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 has the right to stay in the home during the divorce proceedings. Ultimately, the division of the home will be part of the final divorce settlement, which may involve one spouse buying out the other's interest, selling the home and dividing the proceeds, or other arrangements. Spouses should consult with an attorney to navigate these issues and to ensure that their rights and interests are adequately protected.