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No, such issues are not based upon fidelity in the marriage but on the legalities of the property. The way the property is titled, the laws of the state where the property is located are the most important factors. If a decision cannot be found that is equitable to both parties the judge will more than likely ordered the home sold and the profit, if any, divided. One other issue that could have an impact on the decision is, if there are children involved and which parent will be the primary custodian of said children.

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Q: Is a cheating wife less likely to get the house in a divorce?
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