Grounds for Annulment

1
Grounds for Annulment

• Entered before age of consent unless freely
  cohabited as HW after age of consent
• Missing former spouse returned
• One party of unsound mind unless the party of
  unsound mind, after coming to reason, cohabited
  as HW
• Consent obtained by fraud unless with fully
  knowledge of the facts cohabited as HW
• Consent obtained by force unless after force
  ended cohabited as HW
• Either party was physically incapable at time of
  marriage, incapacity continues is incurable

2
Good faith belief required

• Either or both parties believed in good faith
  that marriage was valid when entered into
• OBJECTIVE Facts that would cause reasonable
  person to have good faith belief
• SUBJECTIVE Actual belief
• NOT MISTAKE OF LAW If understood facts would
  not legally constitute marriage, then not a
  putative spouse

3
Putative Spouse Scenarios

• Single marriage invalid
• Successive spouses
• Simultaneous spouses

4
Estate of Hafner

• Claimants
• Joan
• Joans 3 daughters
• Helen
• Helens daughter

5
Hafner majority division
1/12 to each daughter
Helen 1/2
Joan 1/6
6
Hafner dissent division
1/12 to each daughter
Helen 7/12
Joan 1/12