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 Utah, abandonment of property typically refers to the relinquishment of a property right or interest without transferring it to someone else, and it can apply to both real estate and personal property. 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 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 rights and access to the property. Once a person has moved 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 implications of such decisions in a divorce context.