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 Virginia, the marital home is typically considered marital property if it was acquired during the marriage, regardless of whose name is on the title. This means that the home is subject to equitable distribution during a divorce. Virginia is an equitable distribution state, not a community property state, which means that property is not necessarily divided 50/50 but rather in a way that is deemed fair by the court, taking into account various factors such as each spouse's contributions to the marriage and economic circumstances. When spouses decide to divorce, separate, or live apart, decisions about who stays in the marital home can have significant legal implications. Temporary arrangements may be established through a separation agreement or court order, and ultimately, the disposition of the home will be determined as part of the property division in the divorce proceedings. It is important for spouses to consult with an attorney to understand their rights and obligations regarding the marital home, especially before making the decision to move out, as this can affect their interests in the property and potentially impact custody arrangements if children are involved.