Anullment/Vehichle Posession

[Dfwgirl]

Texas (only U.S. law)? My estranged husband and I are getting an anullment agreeably. However, I do not agree with him suing me for the vehichle him and I both purchased under both our names. Before we married he decided he wanted to trade his car in to purchase a SUV since we were getting married and I have three kids from a previouse marriage. He also decided to drive my then vehichle and I would take responsibility for the new vehicle. Now that things did not work out, he claims I co-hurst him into trading his car in which is totally false. What rights do I have since I am paying the car note and he is not working?

 

[LdiJ]

Texas (only U.S. law)? My estranged husband and I are getting an anullment agreeably. However, I do not agree with him suing me for the vehichle him and I both purchased under both our names. Before we married he decided he wanted to trade his car in to purchase a SUV since we were getting married and I have three kids from a previouse marriage. He also decided to drive my then vehichle and I would take responsibility for the new vehicle. Now that things did not work out, he claims I co-hurst him into trading his car in which is totally false. What rights do I have since I am paying the car note and he is not working?

You are going to end up having to get a divorce if you cannot come to an agreement about the vehicles. You may not qualify for an annulment anyway.

Obviously he cannot take the SUV since he would not be able to make the payments. Have you considered offering to give him your other car?

 

[Ohiogal]

Texas (only U.S. law)? My estranged husband and I are getting an anullment agreeably. However, I do not agree with him suing me for the vehichle him and I both purchased under both our names. Before we married he decided he wanted to trade his car in to purchase a SUV since we were getting married and I have three kids from a previouse marriage. He also decided to drive my then vehichle and I would take responsibility for the new vehicle. Now that things did not work out, he claims I co-hurst him into trading his car in which is totally false. What rights do I have since I am paying the car note and he is not working?

Why do you believe you are more entitled to the car than he is? Why do you believe you qualify for an annulment?

 

[Dfwgirl]

Yes. He insisted on trading in his car to co-sign for me a new car that would be more suitible for the kids and I and asked that he drive my then car was which was only at the time three years old.

I qualify for an anullment because he failed to diclose the severity of his bipolar depression and stated he did not need medication and has has been delivered from God of bilolar. He also failed to disclose he persued two other women just weeks before asking me to marry them with the exact same marriage proposal and painted the exact same picture of him wanting to take care of them, etc. Which one of them was a relative of mine which I had no idea. He also added me to his credit card but already had an outstanding balance before we met of over $9,000 which now is on my credit. Yes he has bipolar but he’s also an opportunist and a complulsive liar. I need the car to go to work and take my kids to school and since he took my previous car, the payment is now three months behind and will soon be reposessed.

 

[Dfwgirl]

He had law suit papers delivered to my job stating he was filing anullment on grounds that I fraudently rconvinced him into trading in his car and that I fraudulently convinced him to marry me, however I have text messages from him that say otherwise. He’s also suing for the new vehichle. I want to counter sue for the anullment, for the car and for emotional diress that he caused me and my kids and my finances since I was the sole provider and purchased his clothing, shoes, personal items, doctors visits, food, entertainment, etc.

 

[LdiJ]

He had law suit papers delivered to my job stating he was filing anullment on grounds that I fraudently rconvinced him into trading in his car and that I fraudulently convinced him to marry me, however I have text messages from him that say otherwise. He’s also suing for the new vehichle. I want to counter sue for the anullment, for the car and for emotional diress that he caused me and my kids and my finances since I was the sole provider and purchased his clothing, shoes, personal items, doctors visits, food, entertainment, etc.

Neither one of you have grounds for an annulment. You need to object to the annulment and file for divorce. Are you saying that your old car still had a car payment and that he is not making that payment? Or are you saying that neither of you has been making the payment on the new car?

 

[Dfwgirl]

We have only been married 90 days. I’m saying I am the only one making payments on the new car. When my husband left in my okd car in January, the payments on that car were current. However I did not nor he make any additional payments since Then, which now makes the note 90 days behind. My husband left voluntarily after only six weeks if marriage. I have not seen him since.

 

[PayrollHRGuy]

From Texaslegalhelp.org

In Texas, there are several grounds under which a person can file for annulment:

A spouse of the marriage was under age 18
A spouse was under the influence of alcohol or narcotics
Either spouse is permanently impotent
A spouse was convinced to marry the other spouse by fraud, duress, or force
A spouse lacked the mental capacity to enter into the marriage
A spouse concealed a prior divorce
The spouses were married within 72 hours of the marriage license being issued.


A court can grant an annulment if the petitioner did not have the mental capacity to consent when the spouses married. Also, the petitioner did not voluntarily live with the other party during a period of time when he/she had the mental capacity to realize he/she is married.

A court can also grant an annulment if the petitioner did not know nor reasonably should have known that the other party did not have the mental capacity to consent to marriage.

Further, the petitioner did not voluntarily live with the other party after the petitioner discovered or should have discovered the lack of capacity.

 

[Ohiogal]

From Texaslegalhelp.org

In Texas, there are several grounds under which a person can file for annulment:

A spouse of the marriage was under age 18
A spouse was under the influence of alcohol or narcotics
Either spouse is permanently impotent
A spouse was convinced to marry the other spouse by fraud, duress, or force
A spouse lacked the mental capacity to enter into the marriage
A spouse concealed a prior divorce
The spouses were married within 72 hours of the marriage license being issued.


A court can grant an annulment if the petitioner did not have the mental capacity to consent when the spouses married. Also, the petitioner did not voluntarily live with the other party during a period of time when he/she had the mental capacity to realize he/she is married.

A court can also grant an annulment if the petitioner did not know nor reasonably should have known that the other party did not have the mental capacity to consent to marriage.

Further, the petitioner did not voluntarily live with the other party after the petitioner discovered or should have discovered the lack of capacity.

And none of those apply here.

 

[PayrollHRGuy]

Exactly, I hit submit before I could write the exact same thing you did OG.

 

[Ohiogal]

Exactly, I hit submit before I could write the exact same thing you did OG.

I knew that is where you were going. I just wanted to make it very clear to the OP.

 

[Dfwgirl]

Well his grounds for anullment (so his attorney says) would be due to fraud and duress which is completely false. My claim is due to not knowing his disability in full disclosure before we were married and not living undervthe same roof becore we were married. I dont want to be married to him any longer. All I want is to keep my car that i have been payimg payments on that is currently in both our names. He has no children and no employment. Therefore, why would he want the car? Only case i see him having is that he traded his car in for me and now he has no car in his name other than the one i am paying for. What are my chances of keeping the nee car?

 

[Ohiogal]

You have two cars therefore he will get one that he will be responsible for. Therefore prepare yourself. Also get a divorce

 

[PayrollHRGuy]

What act of fraud is he alleging?

Unless his disability rises to the level of incompetence you don't have a claim. And the fact you didn't live under the same roof BEFORE marriage certainly isn't grounds for an annulment.

And you don't both need grounds. But one of you do need grounds.

 

[Dfwgirl]

My grounds are:: him not revealing he had a disability and constantly on medication for bi-polar manic depression. I just want to know what are my odds of keeping my car? His lawyers are saying i married him in order to obtain the vehichle (fraud).