Anullment/Vehichle Posession

[Dfwgirl]

Anullment/Vehichle Posesdion

Yes but the car he is driving is up for reposesion. Therefore if he takes the new car, my kids and I will be without a vehichle. And I cannot afford to make up the last three payments of $498 a month. He should be responsible since this is what he wanted and he took off in the old car without warning to San Antonio over fours away.

 

[Ohiogal]

Can you afford to refinance the new car to get him off the loan ?

 

[Dfwgirl]

Good question. I dont have money for a down payment but its worth a try.

 

[Zigner]

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?

Honestly, you can't afford the car. Get rid of it and find a cheaper car.

 

[not2cleverRed]

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.

Your 3 year old car has an loan in *your* name. Therefore, *you* are responsible for payments on that loan. He could be nice and make the payments, but as he was not a party to that contract, the obligation to make sure those payments are made are yours.

The new vehicle apparently is in both your names.

Offer him the option of either getting a loan in his name and pay off the car he driving,
OR
getting a loan in his name and getting your name off of the vehicle you are driving.

What did he get (value/credit wise) for the trade in of his old car? Did you contribute anything? What is the KBB value of the 3 year old car? If there is a substantial difference between the KBB value of your old car and the one that he traded in, it would make sense to take this into consideration, as one might owe the other some $$$.

If both of these options are beyond his financial ability, then one has to wonder at how he is able to afford a lawyer.

Another observation: where did he get the car that he traded in? Was it the result of some other relationship? Or from some sort of scam?

 

[PayrollHRGuy]

Here are the actual laws on the two possible issues.

Sec. 6.107. FRAUD, DURESS, OR FORCE. The court may grant an annulment of a marriage to a party to the marriage if:

(1) the other party used fraud, duress, or force to induce the petitioner to enter into the marriage; and

(2) the petitioner has not voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force.


Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.




Sec. 6.108. MENTAL INCAPACITY. (a) The court may grant an annulment of a marriage to a party to the marriage on the suit of the party or the party's guardian or next friend, if the court finds it to be in the party's best interest to be represented by a guardian or next friend, if:

(1) at the time of the marriage the petitioner did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect; and

(2) since the marriage ceremony, the petitioner has not voluntarily cohabited with the other party during a period when the petitioner possessed the mental capacity to recognize the marriage relationship.

(b) The court may grant an annulment of a marriage to a party to the marriage if:

(1) at the time of the marriage the other party did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect;

(2) at the time of the marriage the petitioner neither knew nor reasonably should have known of the mental disease or defect; and

(3) since the date the petitioner discovered or reasonably should have discovered the mental disease or defect, the petitioner has not voluntarily cohabited with the other party.

Again his condition probably doesn't rise to the level required by law. And even if it did that would be grounds for him to petition for annulment not you. As for fraud or the lack of it that will be an issue the court decide.

Did you two keep living together after the issues came to light?

 

[Zigner]

And even if it did that would be grounds for him to petition for annulment not you.

I agree that his condition almost certainly doesn't rise to the level required for an annulment, but you have this incorrect. Either party can petition if the other party didn't have the capacity.

From your post:

The court may grant an annulment of a marriage to a party to the marriage if:

(1) at the time of the marriage the other party did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect;

(2) at the time of the marriage the petitioner neither knew nor reasonably should have known of the mental disease or defect; and

(3) since the date the petitioner discovered or reasonably should have discovered the mental disease or defect, the petitioner has not voluntarily cohabited with the other party.

 

[PayrollHRGuy]

I agree with you. I got that from the way it was written in the Texas Law Help site and didn't catch that when I read the law.

The OP has still not told us if they continued to live together when all of this came to light.

 

[Dfwgirl]

He apparently has a trust fund that he lives off but has a Trustee (his uncle) that issues money to him if its reasonable. His uncle sent him a check for 34k to purchase a new vehichle because je wrecked his previous one. He claimed that the horse power was too strong and he did not feel safe driving. He purchased the car before him and I married (Chevy Camero). It was totally all his idea to trade in and said he wanted me to have a family car for the kids now that we are married and said that was his christmas gift to me. Granted we got a horrible deal since we or shall I say “I” have a car note but he insisted on trading it for the Traverse. I did not put any money down. We only used the trade-in which was 22K for the camero.

He knew he was bi-polar and has been since a teeanager from what he says. I knew he was bi-polar, however did not know it was as severe as it is. We moved in together after we married. Did not learn of his emptional outbreaks until three weeks into the marriage.

 

[Zigner]

I knew he was bi-polar...

That sinks ANY claim of him hiding anything (not that it would have applied in your case anyway). You knew of his condition and could reasonably have/should reasonably have sought out more information if you were concerned. Furthermore, you lived with him as a married couple even when you had knowledge of his condition.

File for divorce.

 

[PayrollHRGuy]

He knew he was bi-polar and has been since a teeanager from what he says. I knew he was bi-polar, however did not know it was as severe as it is. We moved in together after we married. Did not learn of his emptional outbreaks until three weeks into the marriage.

And did you or he move out immediately when you found out the extent of his condition?

Even if you did the fact that you knew he was bipolar before the marriage is likely going to negate any claim of fraud.

Did you actually hear his lawyer say he could get an annulment based on fraud dealing with the car or is this something your bipolar husband told you his lawyer said?

 

[Dfwgirl]

the Fraud claim was mentioned in the court citation that was given to me.

 

[Dfwgirl]

Yes and i did seek out more information. Even paid for him to see a specialist. We went together. I wanted to get him help. I loved and still do love my husband. He left not me. Once he left to go home to family, they immediately wanted him to get our marriage anulled.

 

[not2cleverRed]

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).

Call. His. Bluff.

File for divorce.

Offer as terms:
1) He return your car and pay a lump sum of ALL payments due while he was driving it.
2) You return the new car and redo all the paperwork so that it's in his name only, including the loan. You do not get reimbursed for any of the payments made while you had possession of the car (consider it renting the car), and he must completely take over the loan.

Really, I used eggs in an omelet that were older than this marriage. No one should be leaving with more than they started with.

While it's true that Texas is a community property state, just try to be fair. That way, as it's probably going to be a contested divorce instead of an annulment, you'll not come across as the greedy one.

Why would someone with 3 kids marry a guy she barely knew?

 

[Zigner]

Yes and i did seek out more information. Even paid for him to see a specialist. We went together. I wanted to get him help. I loved and still do love my husband. He left not me. Once he left to go home to family, they immediately wanted him to get our marriage anulled.

Yep - wiped out. Grounds for an annulment based on this matter do not exist.