Legal Question in Family Law in California
I am married for two years. He doesn't want to have kids although he promised me before marriage that he wants kids. If I go for annulmet based on fraud, will I be able to claim divison of our joint property aquired during our marriage. Or does annulment means I get to keep only what I earned during the marriage and no claim on his.
2 Answers from Attorneys
You really don't want to go through the complication of an annulment, especially based on an alleged fraud that he can just say he changed his mind. Just file for divorce and do it the straight forward simple way where you know you get half of the community property.
In the situation of an annulment based on fraud, property division would not be much different than in a standard dissolution of marriage by application of the putative spouse doctrine.
I write separately to point out, however, that not wanting to have children is not the grounds of fraud that would qualify for an annulment. Annulments for fraud would have to do with deception about the ability to have children, not the desire to have children.
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