Leax v. Leax
2009 WL 1635199, 305 S.W.3d 22, 2009 Tex. App. LEXIS 4199 (2009)
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Rule of Law:
The intentional concealment of a significant number of prior marriages can constitute fraud that goes to the essentials of the marriage, providing sufficient grounds for a court to grant an annulment under Texas law.
Facts:
- Robert Leax's first wife of 25 years died of cancer.
- While Robert Leax was dating Elaine Leax, she told him that she had been married and divorced twice before.
- Just prior to their marriage, Elaine admitted to a third previous marriage, and when Robert asked if there were any others, she told him there were not.
- Robert and Elaine married on July 1, 2001; Robert testified he would not have married her had he known she had actually been married eight times.
- On March 12, 2007, while Robert was on a cruise, Elaine moved out of their home.
- Upon moving out, Elaine took the majority of the household items and removed approximately $33,000 from a shared checking account.
Procedural Posture:
- Elaine Leax filed a petition for divorce against Robert Leax in a Texas trial court.
- During the discovery process, Elaine disclosed the existence of eight previous marriages.
- In response, Robert Leax filed a counterpetition seeking an annulment of the marriage on the basis of fraud.
- Following a bench trial, the trial court granted the annulment and issued a decree dividing the parties' estate.
- Elaine Leax, as appellant, appealed the trial court's judgment to the Texas Court of Appeals, an intermediate appellate court.
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Issue:
Does a spouse's intentional misrepresentation of having only three prior marriages, when she in fact had eight, constitute fraud sufficient to annul the marriage under Texas Family Code § 6.107?
Opinions:
Majority - Justice Evelyn V. Keyes
Yes, a spouse's intentional misrepresentation of having only three prior marriages when she had eight constitutes fraud sufficient to annul the marriage. To grant an annulment based on fraud, the petitioner must prove the other party used fraud to induce them into the marriage and that they did not voluntarily cohabitate after discovering the fraud. Citing the elements of fraudulent inducement, the court found Robert's testimony credible that Elaine made a false material representation about her marital history, that he relied on it, and that he would not have married her otherwise. While courts in other jurisdictions have held that concealing a single prior marriage does not go to the essentials of the marriage, the court here distinguished those cases, finding that concealing five additional marriages is a significantly more extreme fraud that is 'wholly subversive of the true essence of the marriage relationship.'
Analysis:
This case establishes an important precedent in Texas family law by clarifying the scope of fraud sufficient to justify an annulment. It moves beyond a bright-line rule that concealment of prior marriages is never grounds for annulment, suggesting instead a fact-intensive inquiry. The decision signals that the magnitude and intentionality of the deception are critical; concealing a large number of past marriages is treated as a material misrepresentation affecting the core of the marital contract. Future cases involving annulment for fraud will likely weigh the number of concealed marriages and the directness of the misrepresentation in determining if the fraud goes to the 'essentials of the marriage.'
