The term “abandon” in the law refers to one’s relinquishment and abandonment of a claim, right or interest with the intent to never again asserting an ownership in said claim, right or interest. A giving up, a total desertion, an absolute relinquishment of a right, a claim or an interest.
The term is used in the context of family law in regards to a child. Specifically, the terms “abandoned the child” or “deserted the child” mean where the parent leaves the child to his or her fate and thereby loses parental rights/privileges.
In property law, the term is used in regards to a chattel or land.
In residential tenancy, the term is used where it is alleged that a tenant abandoned the rented premises.
REFERENCE DESK
Family Law
In re K.E.A., 663 S.E.2d 822 (Ga. App. 2008):
Under the two-step inquiry for terminating parental rights, a court must first determine whether there is clear and convincing evidence of parental misconduct or inability. If such misconduct or inability exists, the court must then determine whether termination is in the best interest of the child. The first prong of the test may be established by showing abandonment. To find an abandonment, there must be sufficient evidence of an actual desertion, accompanied by an intention to sever entirely, so far as possible to do so, the parental relation, throw off all obligations growing out of the same, and forego all parental duties and claims.
Property Law
Ingram v. State, 261 S.W.3d 749 (Tex. App. 2008):
The word “abandon” means a giving up, a total desertion, an absolute relinquishment. Abandonment includes both the intention to forsake or abandon and the act by which such intention is carried into effect. It is essential, in order to raise the issue of abandonment, that there must be a concurrence of the intention to abandon and an actual relinquishment of the property, so that it may be appropriated by the next comer.
An individual may abandon his personal property. Upon abandonment, the property is no man’s property until reduced to possession with intent to acquire title. Title to such property vests in the first person lawfully reducing the same to possession. Therefore, it is possible to take possession of abandoned property without committing a theft or intending to commit a theft.
Under Texas law, an individual cannot abandon title to real property. If a person trespasses onto real property and takes possession of abandoned personal property, such an act is wrongful and no title to the property is created in him. Instead, title rests in the owner of the soil, and the wrongdoer is liable for the trespass and for conversion.
In re Bennett, 395 B.R. 781 (Bankr. M.D. Fla. 2008):
Although a homestead may be alienated, abandoned, sold, or mortgaged like any other property, a homeowner cannot “waive” the constitutional Homestead Exemption in any agreement except through a properly executed mortgage. It is well established that where a homestead has been acquired it can be waived only by abandonment or by alienation in the manner provided by law. Abandonment of a homestead occurs when the owner removes from the home with no intention of returning, takes up permanent abode at another place and pursues a livelihood there. While homestead status may be lost through alienation or sale of the homestead property, the Florida Supreme Court has held that even the proceeds from the sale of a homestead are protected from the claims of creditors if the owner intends to reinvest the proceeds in another homestead within a reasonable time.
Thus, under Florida law, the Homestead Exemption found in Article X of the Florida Constitution protects the homestead from forced sale in almost all circumstances. Until the homestead status is lost through sale of the property or abandonment through change in residence, the homestead can only be sold to pay three narrow categories of debts: taxes and assessments, mortgages or loans for improvements, and laborer’s liens for improvements on the property.
Landlord-Tenant Law
Romanowski v. Giordano Management Group, LLC, 896 N.E.2d 558 (App. Ind. 2008):
A dwelling unit is considered abandoned if the circumstances are such that a reasonable person would conclude that the tenants have surrendered possession of the dwelling unit.