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 Utah, 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, Utah courts will divide marital property, including the marital home, equitably, though not necessarily equally, under Utah's equitable distribution laws. The court considers various factors, such as the length of the marriage, the financial condition and needs of each spouse, and the contribution of each spouse to the acquisition of marital property. If one spouse owned the home before the marriage, it may be considered separate property, but any increase in value during the marriage could be subject to division. Decisions about who stays in the marital home during separation or pending divorce can have legal implications, such as affecting custody arrangements or property division. It is important for spouses to consult with an attorney to understand their rights and obligations regarding the marital home in the context of separation or divorce in Utah.