Texas Court of Appeals, Fifth District, Dallas · Family Law
Family LawAnnulmentFraudulent inducementannulmentfraudfraudulent inducementmaterial misrepresentationTexas Family Code § 6.107
Facts
Husband, a United States resident, met Wife, an Ethiopian citizen, online, and Wife told him she loved him and wanted a long-term marriage with several children. After they married, Husband arranged for Wife to come to the United States, and they began living together in October 2008. Evidence from Husband and two witnesses indicated Wife married Husband only to come to the United States, planned to leave after getting her green card, and did not want to have his child. Wife left Husband in May 2009 shortly after receiving her green card.
Issue
Was the evidence legally and factually sufficient to support annulment for fraud under Texas Family Code § 6.107? Also, did the trial court have to make a separate determination that the alleged fraud went to the essentials of the marital relationship?
Rule
Under Texas Family Code § 6.107, a trial court may annul a marriage if one party used fraud, duress, or force to induce the other party to enter the marriage and the petitioner has not voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force. For fraud-based annulment, Texas law does not impose an additional requirement that the fraud concern an issue essential to the marriage; fraud includes a material misrepresentation known to be false, intended to be acted on, actually relied on, and causing injury.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Dallas, Jordan Pike married Elena Morris after Elena repeatedly told him she loved him, wanted a lifelong marriage, and planned to start a family with him. At trial, Jordan testified he relied on those statements, while Elena's cousin testified Elena had privately said before the wedding that she never intended to stay married and only wanted access to Jordan's health insurance and apartment.
If Jordan seeks an annulment under Texas Family Code § 6.107, which is the strongest basis for granting it?
Explanation. Under the majority opinion, annulment may be granted if one spouse used fraud to induce the other to enter the marriage and the petitioner did not voluntarily cohabit after learning of the fraud. Fraudulent inducement requires a false material misrepresentation, knowledge of falsity, intent that it be acted on, reliance, and injury. The court specifically treated representations about love, long-term marriage, and children as potentially material; it also rejected any added requirement that the fraud go to the 'essentials of the marital relationship.' (Derived from Desta v. Anyaoha (n.d.).)