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 Georgia, abandonment of property typically refers to the act of giving up ownership rights to property without transferring those rights to a specific person or entity. However, in the context of divorce or family law, the concept of abandonment does not mean that a spouse or domestic partner loses their ownership interest in a shared home or its contents simply by moving out. Nevertheless, the decision to move out can influence a court's determination regarding who may reside in the home during the divorce proceedings. It is crucial for an individual considering moving out to consult with an attorney before doing so, as it may affect their rights and the legal strategy. Additionally, once a person has moved out, they may face restrictions on accessing the home and personal belongings until a court order is issued to allow them to retrieve their property and documents. This is an important consideration for anyone in a divorce or separation situation in Georgia.