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 Ohio, the concept of abandonment of property typically refers to the relinquishment of rights or interest in property without transferring them to someone else, and it is more commonly associated with real estate or personal property law rather than divorce or family law. In the context of divorce, a spouse or domestic partner does not lose ownership rights in the marital home or its contents simply by moving out. However, the decision to move out can influence the court's interim orders regarding who may reside in the home during the divorce proceedings. It is important to consult with an attorney before deciding to move out, as this action can affect one's legal rights and access to the property. Once a spouse moves out, they may face restrictions on accessing the home and its contents until a court order is issued to allow the retrieval of personal belongings and documents. It's crucial to understand that these matters are governed by specific state statutes and case law, and legal advice is essential to navigate the complexities of divorce and property rights.