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 Illinois, the concept of abandonment of property typically refers to the relinquishing of rights or interest in property without transferring them to someone else. 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. Illinois courts recognize that both parties have an interest in the marital property until the divorce is finalized and property division is determined. However, moving out can affect temporary possession of the home during divorce proceedings. The court may issue temporary orders regarding who can live in the marital home while the divorce is pending. Additionally, once a spouse moves out, their access to the home and contents may be restricted until a court order is obtained to allow for the retrieval of personal belongings and documents. It is advisable for a person considering moving out of a shared home during a divorce to consult with an attorney to understand the implications and to protect their rights.