Abandonment of property (real estate or personal property) is a legal concept in property law, but has little application in the context of divorce or family law. For example, a spouse or domestic partner does not forfeit an ownership interest in the shared home or any of its contents by moving out of the home. But moving out of the marital or shared home may impact the court’s decision on who may occupy the home while the divorce is pending, and a person should consult with an attorney before making this decision.

A person moving out of the shared home under such circumstances should also be prepared to have limited access to the home and its contents—at least until the court issues an order granting the person access to secure personal property and documents.

In Virginia, the concept of abandonment of property typically refers to the relinquishing of rights or interest in property without transferring them to another person. However, in the context of divorce or family law, abandonment does not necessarily mean a spouse forfeits ownership interest in the marital home or its contents simply by moving out. Virginia law recognizes that both parties have rights to marital property until a court decides otherwise. Moving out can affect temporary possession of the home during divorce proceedings, and the court may issue orders regarding who can live in the marital home while the divorce is pending. It is important for a person considering moving out to consult with an attorney, as leaving the marital home could also result in limited access to the property and personal belongings until a court order is obtained. The court can issue orders to ensure that a spouse who has moved out can retrieve personal property and documents from the home.