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Grounds also exist if one of the partners lacked the physical capacity to consummate the marriage by sexual intercourse and the other partner did not know this at the time of the marriage ceremony, if one partner was 16 or 17 years old at the time of the marriage and did not have permission from parents, a legal guardian, or a judge to marry, or if the marriage was legally prohibited because one partner was under age 16, was already married, or where the marriage was between close relatives.A marriage between a brother and a sister, even a half- brother and a half- sister, is prohibited as is a marriage between an uncle and a niece, an aunt and a nephew, and first cousins under the age of 50.It is often difficult to get a sale set aside on this basis.Usually to get a sale invalidated for inadequacy of sale price, you will also need additional circumstances that warrant voiding the sale.However, there are circumstances where it might be unfair to declare the marriage invalid from its beginning.In these cases the judge will declare the marriage invalid from the date of the judgment.

Grounds for invalidating a marriage exist if the husband or wife lacked capacity to consent to the marriage because of mental incapacity or infirmity, because of influence of alcohol, drugs, or other incapacitating substances, or if the consent of one of the parties to the marriage was obtained by force, duress, or fraud.This is Dial-Law with information on invalidation or annulment of a marriage as it applies to Illinois law only.If you are not a resident of Illinois, we suggest you contact your local county bar association.If the property was foreclosed nonjudicially, the homeowner will usually have to file a lawsuit in state court to void the sale.It may also be possible in some instances to file bankruptcy and ask that the sale be set aside as part of the bankruptcy case.Normally each of the marriage partners will be free from financial claims by the other, but, in appropriate circumstances, the marriage partner may have the same rights and obligations as they would have in a divorce or dissolution of marriage proceeding.These rights would affect property, support, and custody.A deputy sheriff serves the summons and a copy of the petition upon the other marriage partner, who then has an opportunity to answer the petition and set forth any defenses against the claim that the marriage is invalid that he or she may have.If a marriage is declared to be invalid, it will normally be declared to have been invalid from its beginning.The court decided that the foreclosures were void because the lenders lacked legal authority to foreclose.However, in some states, courts are reluctant to set aside a foreclosure sale based upon violations of foreclosure statutes unless the violation resulted in actual prejudice (harm) to the homeowner.To learn more about the difference between judicial and nonjudicial foreclosure, and the procedures for each, see Will Your Foreclosure Take Place In or Out of Court?Attempting to invalidate the sale in a judicial foreclosure can typically be done in the following ways, depending on state law: The actual process is generally determined by statute, rule, or case law.Read on to learn how to set aside a foreclosure sale and the circumstances that might warrant it.(Learn more about foreclosure, options to avoid it, defenses to foreclosure, and more, in Nolo's Foreclosure topic area.) Generally, to set aside a foreclosure sale, the homeowner must show: the completion of the foreclosure sale.

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