Abandonment can apply to lost or relinquished property as well as to intellectual property and domestic relations and bankruptcy. Select your State to view Abandonment forms available for your State. See also Abandoned Property Forms.
- District of Columbia
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
Abandoned personal property and the laws governing how to properly dispose of same or how to make a bona fide attempt to locate the owner before disposal. Abandoned personal property is that to which the owner has voluntarily relinquished all right, title, claim and possession, with the intention of terminating his ownership, but without vesting ownership in any other person, and without the intention of reclaiming any future rights therein, such as reclaiming future possession or resuming ownership, possession, or enjoyment of the property. Abandoned trademark rights refer to a lack of a bona fide commercial use of a trademark for a certain length of time so that the exclusive rights of use of the trademark are relinquished and another may adopt the mark or use such abandonment as a defense to a claim or infringement, unfair comptition, or dilution by a trademark owner.
Abandonment also applies to the husband/wife or parent/child relationship, when a person has severed ties with and failed to provide support to the other related person for such length of time to find that the familial relationship ceases to exist legally, in order to pursue criminal charges, annulment, divorce, adoption, or emancipation.
Abandonment is also used in bankruptcy law to define what property constitutes the estate of the debtor to be administered by the trustee. Property of the estate may be abandoned at the instigation of the trustee if it is of inconsequential value and benefit to the estate. This method of abandonment has been referred to as "proposed abandonment." Property of the estate may be abandoned pursuant to a request by a party in interest for an order of the Bankruptcy Court directing the trustee to abandon property. when such property is burdensome to the estate or that is of inconsequential value and benefit to the estate. This method of abandonment has been referred to as "compelled abandonment." Also, all scheduled property which remains unadministered upon closing of the case is deemed abandoned from the estate and regarded as administered for purposes of closing and reopening the case. This final method of abandonment has been referred to as "deemed abandonment."
For contract law purposes, abandonment is of a contract by mutual consent is held to be effective to discharge its obligations, even where a new contract containing one or more of the same term is simultaneously entered into. Such abandonment terminates or discharges the contract for purposes of further performance, but keeps it alive for the purposes of bringing an action and measuring the recovery. The primary right to further performance of the promise is discharged and is replaced by a remedial right to damages. The duty of the injured party to perform his own promise is also discharged.
The loss of rights invokes the term abandonment in many other applications of the law, generally involving the failure to pursue legal rights or fulfill legal obligations leading to relinquishing one's claim to an interest in a thing or a legal right.
Some relevant legal forms include:
Notice of Belief of Abandonment of Mobile Home, Truck Camper, etc
Affidavit of Abandonment
Criminal Summons - Abandonment and Nonsupport of Spouse/Nonsupport of Child(ren)
Order Granting Relief from Stay and Abandonment - Real Estate
Motion for Relief from Stay and for Abandonment by Mortgage Holder - Real Estate
Agreed Order Granting Relief from Stay and Abandonment - Real Estate
Affidavit Of Abandonment And Intent To Recommence Construction Form - Construction - Mechanic Liens - Florida
Petition - Abandonment
Order of Disposition - Abandonment
Notice of Belief of Abandonment of Leased Premises
Notice of Belief of Abandonment of Real Property by Tenant
Letter - Answer to Motion for Relief from the Automatic Stay and Abandonment
Letter - Correspondence concerning Status of Agreed Relinquishment of Security and Right to Redeem, Motion to Lift Automatic Stay and Application for Abandonment
Letter - Request to sign order concerning Agreed Relinquishment of Security and Right to Redeem Motion to Lift Automatic Stay, and Application for Abandonment
Notice of Filing of Final Report of Trustee, of Hearing on Applications for Compensation and of Hearing on Abandonment of Property by the Trustee (B 270) Ordinance Prohibiting Abandonment of Motor Vehicles on Public Grounds and Private Property
Express Abandonment Under 37 CFR 1.138 - Patents
Declaration of Abandonment of Homestead