Montenegro v. Avila - 365 S.W.3d 822 (Tex. App. 2012)

Rule:

A trial court may grant an annulment to a party of 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. Tex. Fam. Code Ann. § 6.107 (2006). Fraudulent inducement is a type of fraud that occurs when a material false representation is made and (1) was known to be false when made; (2) was intended to be acted upon; (3) was relied upon; and (4) caused injury.

Facts:

The husband, Miguel Montenegro, came to the United States from another country, and he and his wife, Yamel Avila, lived with the parents of the latter after their marriage. Montenegro made withdrawals from the parties' bank account. Montenegro incurred large bills for telephone calls out of the country. After Montenegro obtained a permanent green card, he left Avila. The trial court granted an annulment. Montenegro appealed and contended that the trial court erred because the evidence was legally and factually insufficient to support an annulment based on fraud. 

Issue:

Did the trial court err in granting the annulment because the evidence was legally and factually insufficient to support findings that Montenegro committed fraud which induced Avila to marry him and Avila did not cohabitate with him after learning of any such fraud?

Answer:

No

Conclusion:

In affirming, the appellate court determined that the evidence was legally and factually sufficient to support the findings that Montenegro committed fraud, which induced Avila to marry him, and that Avila did not cohabit with Montenegro after learning of such fraud. Montenegro made false representations about love and wanting children and by failing to disclose that he only married Avila to obtain resident status. Montenegro’s conduct throughout the marriage established a preconceived plan to leave Avila once he received his resident status. He purchased a life insurance policy without listing Avila as a beneficiary, he distanced himself from Avila, he was making comments to family about his leaving Avila, and he gave advance notice of a move to his employer.