For the majority of couples going through a divorce, the marital home is one of the biggest assets. The common question is whether moving out means abandoning the home and any rights to it. There seems to be a common myth in divorce situations regarding marital property and what you can and cannot do with it when going through a divorce. People often believe that if you leave a piece of property to keep the peace with your spouse, you have actually given up your rights to the property or real estate in this case.