If both spouses want to keep the same property—the marital home, for example—who can keep it depends upon how the property is titled. If the home is titled in one spouse's name, then only that spouse can keep the home; the court does not have the authority to transfer a home titled in one spouse's name to the other spouse.

But all is not lost; having the home titled in only one spouse’s name does not mean it is not subject to equitable division. A family home titled in only one spouse's name is still marital property and the spouse who doesn't hold title to the home can still ask the court for a monetary award to account for their valuable interest in it. This concept doesn’t just apply to the home. It applies to all marital property, regardless of how it is titled.

Conversely, if the property is titled in both names, and used by the spouses as their principal place of residence, either spouse can ask the court to transfer the property to either of them assuming both spouses can refinance the home to remove the other spouse from the mortgage. However, if there is not a mortgage on the home, the court has the discretion to transfer the jointly titled home to either spouse, or may order it sold and divide the proceeds equally. With regard to other tangible marital property such as furniture, the court can order the furniture sold and the proceeds divided if it wishes to do so.