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 Oregon, which is an equitable distribution state, the marital home is considered marital property if it was acquired during the marriage, regardless of whose name is on the title. Upon divorce, the court will divide marital property in a manner that is just and proper, which may not necessarily be equal. The division is based on various factors, including the contribution of each spouse to the acquisition of the property, the length of the marriage, and the economic circumstances of each spouse. When spouses decide to divorce, legally separate, or live apart, decisions about who stays in the marital home can have significant legal implications. Temporary arrangements may be established through a court order, and ultimately, the disposition of the home will be part of the divorce proceedings. Spouses should consult with an attorney to understand their rights and options regarding the marital home, as decisions made can affect property division, spousal support, and even child custody arrangements.