Legal Question in Family Law in California
Cheating fiancee
My son and his fiancee just bought a house together. Shortly after he found out she was seeing a man from her work. He has asked her to move out but she won't. They have no equity at this point, but my son would like to keep the house. He can afford it on his own. What are his options?
2 Answers from Attorneys
Re: Cheating fiancee
It would seem that he is going to file a petition for dissolution of marriage. He can get an order for the sale of the house in the case. He should also ask to have the right of first refusal. Retaining an attorney to assist in this will make it easier to proceed, and he can then explore the options.
Re: Cheating fiancee
If they have joint title, either can agree to "buy out" the other, which should include taking the bought out party's name off the loan, or a partition action has to be filed in court to divide their interests, through which it might also be possible to get a court ordered buy.