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 Kentucky, the concept of abandonment of property typically refers to the relinquishment of rights or interest in property without transferring them to someone else. However, in the context of divorce or family law, abandonment does not mean that a spouse or domestic partner loses ownership interest in the shared home or its contents simply by moving out. Kentucky law recognizes that both parties have rights to marital property, which includes the home and personal property acquired during the marriage. Moving out can affect temporary living arrangements while the divorce is pending, and the court may issue orders regarding who can occupy the home during this time. It is important for a person considering moving out to consult with an attorney to understand the implications for their specific situation. Once out of the home, access to the property and contents may be restricted until a court order is obtained to allow the retrieval of personal belongings and documents.