Divorce and leaving the house - Is it abandonment?

I probably get asked this question more than any other, so I wanted to address it here.  Pop culture seems to have created a legal fiction that causes people to believe that the court think they have abandoned the house and kids if the move out of the marital home.

The quick and easy answer is that this is not true.


Factually, however, every case is different, and it is important to consider the particulars of your case before simply packing up and moving out.  Simply moving out of a marital residence, under Florida law, does not constitute abandonment.

There are many cases under Florida law that require an "intent" to abandon property by never returning to it and establishing a homestead somewhere else. In Bobo v. Vanguard Bank and Trust Co., Inc., 512 So.2d 246, Fla 1st DCA, 1987, that court held that abandonment of property requires showing of actual acts of relinquishment to show an intention to abandon.

The real question that I think needs to be considered, is what do you ultimately want to do with the house?  If you intend to move out with the hopes of a judge removing your partner so you can move back in, that might be a difficult proposition.

Additionally, if you move out of a home without an agreement as to how you and your partner are going to share time with the children, keep in mind that it might be weeks or months before you can get in front of a judge on such an issue.

In short, moving out of a marital home with a pending divorce is commonly done, however it is best done once a consideration of your particular divorce strategy is put into place.  We encourage you to sit down and speak with us personally if this is something that you or a loved one is considering doing.