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 Wisconsin, the concept of abandonment of property typically refers to the relinquishing of rights or interest in property without transferring them to a specific person or entity. However, in the context of divorce or family law, abandonment of property does not mean that a spouse or domestic partner loses ownership interest in the shared home or its contents simply by moving out. Wisconsin courts recognize that both parties have an interest in the marital property until the divorce is finalized. Moving out can affect temporary arrangements, such as who has the right to occupy the home during the divorce proceedings. It is important for a person considering moving out to consult with an attorney, as this decision can have implications for the divorce process. Additionally, once a person moves out, they may face restrictions on accessing the home and its contents until a court order is issued to allow the retrieval of personal belongings and documents.