Abandonment of property (real estate or personal property) is a legal concept in property law, but has little application in the context of divorce or family law. For example, a spouse or domestic partner does not forfeit an ownership interest in the shared home or any of its contents by moving out of the home. But moving out of the marital or shared home may impact the court’s decision on who may occupy the home while the divorce is pending, and a person should consult with an attorney before making this decision.

A person moving out of the shared home under such circumstances should also be prepared to have limited access to the home and its contents—at least until the court issues an order granting the person access to secure personal property and documents.

In California, the concept of abandonment of property typically refers to the relinquishment of rights or interest in property without transferring them to a specific person and with no intention to reclaim or use the property. However, in the context of divorce or family law, simply moving out of a shared home does not mean a spouse or domestic partner forfeits their ownership interest in the property or its contents. Decisions about who may occupy the home during divorce proceedings are made by the court, and moving out can influence the court's decision. It is advisable to consult with an attorney before deciding to move out during a divorce. Additionally, once a person moves out, they may have restricted access to the home and its contents until a court order is issued to allow them to retrieve personal property and documents.