Marriage of Ferris CA1/5

Filed 3/15/24 Marriage of Ferris CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for pur- poses of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re the Marriage of MINH NGOC THI FERRIS and MICHAEL ANTHONY FERRIS

MINH NGOC THI FERRIS, Respondent, A165952

v. MICHAEL ANTHONY FERRIS, Respondent; (Alameda County Super. Ct. No. AF13686594) LORIE WILLIAMS, Appellant.

By statute, a couple’s community property is liable for any debts either spouse incurred before or during the marriage. (Fam. Code, § 910.)1 Also by statute, contractual debts are “ ‘incurred’ ” in this context “at the time the contract is made.” (§ 903.) Taken together, these provisions compel the conclusion that an award of contractual attorney fees is a community debt if the debtor spouse entered the contract containing the fee

1 Undesignated statutory references are to the Family

Code. 1

provision before marriage, without regard to when the contract was breached, the breach was litigated, or the fees were awarded. Here, accordingly, respondent Michael Ferris’s obligation to pay attorney fees arising from a contract he entered with appellant Lorie Williams before his marriage to Minh Ngoc Thi Ferris is a community debt, even though the fees were awarded after the couple separated. We reverse.

BACKGROUND

A.

In 2005, Ferris and Williams entered into a contract related to a real estate transaction. The contract provided that “[s]hould litigation become necessary to enforce the terms of this Agreement, the prevailing party therein shall be entitled to recover all of his attorney’s fees and costs, including expert costs.”