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 Montana, abandonment of property refers to the act of relinquishing ownership or possession of property without the intention to return or reclaim it. 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. However, the decision to move out can influence a court's determination 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. Montana law aims to ensure a fair division of property during a divorce, and abandonment of property in the traditional sense does not typically apply in these cases.