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 Wyoming, which is not a community property state but an equitable distribution state, the marital home is considered part of the marital estate if it was acquired during the marriage, regardless of whose name is on the title. During a divorce, the court will divide the marital property, including the marital home, in a way that is considered fair and equitable, though not necessarily equal. Factors such as the length of the marriage, the value of the property, the economic circumstances of each spouse, and contributions to the marital estate are considered. If one spouse owned the home prior to the marriage, it may be considered separate property and not subject to division, unless the other spouse can show that they contributed to its value. When deciding who will remain in the marital home during separation or pending divorce, the court may consider factors such as child custody arrangements and the financial situation of each spouse. 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 Wyoming.