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 Washington State, the concept of abandonment of property typically refers to the relinquishing of rights or interest in property without transferring them to someone else. However, in the context of divorce or family law, abandonment does not automatically apply when a spouse or domestic partner moves out of the shared home. A person does not lose their ownership interest in the marital home or its contents simply by leaving. Nevertheless, the decision to move out can influence the court's interim orders regarding who may reside in the home during the divorce proceedings. It is advisable to consult with an attorney before deciding to move out, as this action can result in restricted access to the home and personal belongings until a court order is issued to allow the retrieval of personal items and documents.