Harper, TX Divorce Law Firms & Lawyers

Annulment is available only in very limited circumstances.  Since you have a child together, you will need to file for divorce instead. Annulment is available only when one of the following is true: 1. The husband or wife are under age 18; 2 The person requesting annulment was under the influence of drugs or alcohol at the time of the marriage and when he or she sobered up he or she did not live with the spouse; 3.  Either party was permanently impotent and the other party didn't know that  at the time of the marriage and then, once learning of the impotency, the parties did not live together; 4. The other spouse used fraud or duress or force to induce the spouse to enter into marriage and then the parties did not live together after the duress ended or they learned of the fraud; 5.  Concealed divorce ( a prior marriage ended within thirty days prior to this marriage), but must sue for annulment within one year of the marriage; OR 6. Marriage occurred less than 72 hours after the license was issued if you sue for annulment within thirty days of the marriage. The laws for annulment in Texas are found in Sections 6.102  - 6.110 of the Texas Family Code.    

Your mortgage was a contract entered into with a third party during your marriage. Your divorce has no effect on that third party contract. You must negotiate with the bank yourself if you feel you should no longer be responsible for the debt you entered into. Your divorce decree could have mandated a sale of the home, but it sounds like it did not.