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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22581
Experience:  General practice of law with emphasis in family law.
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Ive been married for a year. My husband and I have never

Customer Question

I've been married for a year. My husband and I have never lived to together nor have we shared any bank accounts. We have no common property. I knew my husband for 6 months before we were married. At that time, I knew he had taken an early retirement. He gave the impression that he never needed to work again. I was told that he had a failed business and had to claim bankruptcy in the past. He also said that he did not owe any debts. I have 4 children of my own. He has a daughter. I was still concerned that he didn't work. He then produced a stock certificate. He said that it was worth $600-700,000 and that was his retirement savings. He gave it to me and told me to put it in my safe...which I did. We married in Feb 2012. He started getting summons for owed debt. He had to file bankruptcy in February (that is done). I also discovered that the stock is worth nothing. Unfortunately, there have been more financial misleads. Again, I have 4 children of my own. I cannot/will not support him. I want to know if I can get an annulment...on the grounds of fraud..I don't know if financial misrepresentation is grounds. (My prior husband, had $40,000 in student loans and I worked 10 years to pay that off...I did tell my current husband, prior to marrying him, that I would never marry anyone with large debt...I believe that he purposely lied about his financial situation and that stock...although he denies that he lied). In Indiana, do you think a judge would agree this is grounds for an annulment? Thanks. Sandy
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hi

Yes, Under Indiana law as long as you did not continue to cohabitate with the spouse once the fraud was discovered, you may Petition for an Annulment

See this link for the law under IC 31-11-10-2 which says the following

Action by victim of fraud; defense
Sec. 2. (a) This section applies to a marriage that is voidable under IC 31-11-9-3 on the ground that the marriage was brought about through fraud on the part of one (1) of the parties to the marriage.
(b) The alleged victim of fraud described in subsection
(a) may file an action to annul the marriage in a court that has jurisdiction
over the action under section 3 of this chapter.
(c) It is a defense in an action brought under this section that, after the discovery of the alleged fraud, the alleged victim continued to cohabit with the other party to the marriage.

The clerk of the Court should be able to provide you the proper form

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Samuel II
Samuel II
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General practice of law with emphasis in family law.