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 New Mexico, abandonment of property typically refers to the relinquishment of a property right or interest with the intention of never claiming it again. 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. New Mexico law recognizes that both parties have rights to marital property until a court decides otherwise. However, the decision to move out can influence interim decisions about who may reside in the home during divorce proceedings. It is important to consult with an attorney before deciding to move out, as it can also result in limited access to the home and personal belongings until a court order is issued. The court may grant temporary orders to ensure both parties have access to personal property and important documents during the divorce process.