Leaving the marital residence during a conflict with your spouse does not mean you are legally abandoning your property. When people refer to abandonment in a Divorce in NY, they are generally referring to the abandonment under DRL § 170 which would form the basis for a court to grant a divorce. Even if abandonment were the reason the court was granting the divorce, the person who left would not relinquish their interest in the home. Your ownership or claim to the property remains intact, even if you are not physically present.

However, it’s essential to communicate your intentions clearly and document your reasons for leaving, especially if you anticipate divorce proceedings or custody disputes. Seeking advice from an attorney can help you understand your rights and responsibilities, as well as guide you in taking the right steps to protect your interests.