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This is dependent on the divorce laws in your specific area. Residency counts less after deed entitlement, other assets, prior agreements, liens, etc. Occupying the house may give the resident the authority to claim more "invested" and want more to be "bought out" if it comes to that.

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Q: Is a house still split equal in divorce if one has not live in it for years?
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If you own a house with your spouse and are in the process of getting divorced and the house sold before the divorce do you still split the proceeds?

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