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 Vermont, 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, Vermont courts aim to divide marital property equitably, which does not necessarily mean equally, but rather in a way that is fair and reasonable under the circumstances. Factors considered may include the length of the marriage, the contribution of each spouse to the acquisition of the marital property, and the financial circumstances of each spouse. When deciding who remains in the marital home during separation or after divorce, the court may consider various factors, including the presence of children and the need to provide a stable environment for them. It is important for spouses to consult with an attorney to understand their rights and obligations regarding the marital home, as decisions about living arrangements can have significant legal implications, including potential impacts on property division, child custody, and support arrangements.