Legal Question in Family Law in California

My aunt left my uncle she moved out of their home and now she is demanding he sells the house so they can split the money does she have the right since she is the one that moved out I think she was cheating on him already.what should he do

Asked on 7/16/12, 10:04 am

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

The family law judge has an obligation to facilitate an equal division of any community assets. California is a no fault state, therefore a property division is not based on wether or not a spouse was unfaithful.

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Answered on 7/16/12, 2:21 pm
Anthony Roach Law Office of Anthony A. Roach

California is a no fault state. Property is classified as separate property or community property. The classification scheme does not depend on which spouse was cheating, and the judge is not going to want to hear about that anyway.

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Answered on 7/16/12, 8:35 pm

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