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January 28, 2013 | By

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Question by Manuel P: what is the qualification for filing an annulment vs divorce?
My fiancee and I have been living together in the state of Texas a "common law" state. He is obtaining a mortgage loan and is being told due to the fact that we filed our taxes joint /married we now have to get a divorce so that his loan will be approved with him alone as borrower. I am wondering what the time frame is for an annulment vs divorce in this situation.PS we had never filed for a marriage certificate.

Best answer:

Answer by Starla_C
Talk to an attorney.

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Comments (1)

  1. CoeyG

    A civil annulment can be filed ONLY in cases of fraud or if the marriage has never been consummated (that includes BEFORE the marriage) A divorce entails the separation of property, custody/child support if there are children and of course if the marriage was consummated before or after the wedding. Considering the fact that most state do not recognize common law marriage it will probably be very difficult for you to get a “divorce” under common law. I suggest you discuss this with a lawyer because you could be in trouble with the IRS