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 Louisiana, abandonment of property typically refers to the relinquishment of a property right, but in the context of divorce or family law, it does not mean that a spouse or domestic partner loses ownership interest in the marital home or its contents simply by moving out. However, the decision to move out can affect temporary possession of the home during divorce proceedings. Louisiana courts may consider who is living in the home when deciding on interim spousal support and use of the marital residence. It's important to note that once a spouse moves out, they may face restrictions on accessing the home and its contents until a court order is obtained. Therefore, it is advisable for a person considering moving out during a divorce to consult with an attorney to understand the implications and to ensure their rights are protected.