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 York, the concept of abandonment of property typically refers to the relinquishing of rights or interest in property without transferring them to another person. 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 ownership interest in the property or its contents. New York courts do not consider moving out as abandonment of property rights in a divorce. However, the decision to move out can influence interim decisions about who may reside in the marital home during the divorce proceedings. It is important to consult with an attorney before deciding to move out, as it can affect one's legal rights and access to the property. Once a spouse moves out, they may have restricted access to the home and its contents until a court order is issued to allow the retrieval of personal belongings and documents. It's crucial to handle such matters with legal guidance to protect one's interests.