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 North Carolina, the concept of abandonment of property pertains to the idea that a person may give up their rights to property by failing to maintain possession or control over it. 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. Nevertheless, the decision to move out can influence a court's determination regarding who may reside in the home during the divorce proceedings. It is crucial for a person considering moving out to consult with an attorney before doing so, as it may affect their rights and the court's decisions. Once a person has moved out, they may face restricted access to the home and its contents until a court order is issued to allow them to retrieve personal belongings and documents. It's important to note that these matters are governed by specific state statutes and case law, and the outcomes can vary depending on the individual circumstances of the divorce or separation.