## Facts

- Elaine Leax and Robert W. Leax married in July 2001.
- While dating, Elaine told Robert she had been married and divorced twice; shortly before the wedding she disclosed a third prior marriage.
- After Robert directly asked whether there were any additional prior marriages, Elaine stated there were not, though she had been married a total of eight times.
- The parties separated in March 2007 when Elaine moved out while Robert was on a cruise, removed most household contents, and withdrew about $33,000 from a joint checking account.
- Elaine filed for divorce; during discovery she disclosed eight prior marriages, prompting Robert to seek annulment based on fraud.
- After a bench trial, the trial court annulled the marriage for fraud under Texas Family Code § 6.107 and divided the parties’ property.

## Issues

1. Whether legally and factually sufficient evidence supported annulment for fraud under Texas Family Code § 6.107 based on Elaine’s misrepresentation and concealment of prior marriages.
2. Whether the trial court abused its discretion in dividing the parties’ property following the annulment.
3. Whether admission of evidence concerning Robert’s separate property required reversal.

## Decision

- The court of appeals affirmed the annulment, holding the evidence legally and factually sufficient to support a finding that Elaine’s concealment and false denial of additional prior marriages was a material misrepresentation that induced Robert to marry.
- The court of appeals affirmed the property division, concluding the trial court did not abuse its discretion in making a division it deemed just and right.
- The court of appeals rejected the evidentiary complaint regarding separate-property evidence because Elaine did not show reversible harm.

## Legal Principles

- Texas Family Code § 6.107 permits annulment when consent to marry was obtained by fraud and the petitioner has not voluntarily cohabited with the other party after learning of the fraud.
- Fraud sufficient for annulment requires proof of a material misrepresentation (or concealment), falsity, knowledge, intent to induce reliance, actual and justifiable reliance, and resulting injury; the misrepresentation must relate to an essential element of the marital relationship.
- In a bench trial, legal sufficiency review credits evidence supporting the finding and disregards contrary evidence unless a reasonable factfinder could not; factual sufficiency reverses only if the finding is against the great weight and preponderance of the evidence.
- Property division is reviewed for abuse of discretion; a division may be unequal if supported by equitable factors, including fault and the parties’ conduct affecting the estate.
- Reversal for erroneous admission of evidence requires a showing that the error probably caused rendition of an improper judgment.

## Conclusion

The appellate court upheld annulment because Elaine’s direct, false denial of additional prior marriages materially induced Robert’s consent to marry and there was no voluntary cohabitation after he learned the truth; it also upheld the trial court’s property division and found no reversible evidentiary error regarding separate-property evidence.


Leax v. Leax, 305 S.W.3d 22 (Tex. App.—Houston [1st Dist.] 2009)