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 Delaware, the concept of abandonment of property pertains to the idea that an individual may give up their rights to property by failing to maintain possession or show interest in it. 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. In divorce proceedings, the decision to move out can influence the court's interim decisions about who may reside in the marital home during the divorce process. It is important to consult with an attorney before deciding to move out, as it can have legal implications. Additionally, once a person moves out, they may face restrictions on accessing the home and its contents until a court order is issued to allow them to retrieve personal belongings and documents. It's crucial to understand that these matters are governed by specific state statutes and case law, and legal advice is essential to navigate the complexities of property rights during a divorce.