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 Massachusetts, the concept of abandonment of property typically refers to the relinquishing of possession and rights over property without the intention to reclaim it or without transferring those rights to someone else. However, in the context of divorce or family law, simply moving out of the marital or shared home does not mean a spouse or domestic partner forfeits their ownership interest in the property or its contents. Nevertheless, the decision to move out can influence a court's interim orders regarding who may reside in the home during the divorce proceedings. It is advisable to consult with an attorney before deciding to move out, as this action can lead to restricted access to the home and personal belongings until a court order is issued to allow the retrieval of personal items and documents.