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 Rhode Island, 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, Rhode Island courts aim to divide marital property equitably, though not necessarily equally, based on a set of factors outlined in state law. These factors include the duration of the marriage, the conduct of the parties during the marriage, contributions to the acquisition and preservation of the marital estate, and each party's resources. When deciding who will remain in the marital home during separation or after divorce, the court may consider child custody arrangements, financial circumstances of each spouse, and other relevant factors. It is important for spouses to consult with an attorney to understand their rights and obligations concerning the marital home, as decisions made during separation or divorce can have significant legal and financial consequences.