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Marriage of Feldner

Court of Appeal of California

40 Cal. App. 4th 617 (1995)

Relevant factsFree

William (defendant) and Celena Feldner (plaintiff), married since 1954, saw William, a contractor, enter a contract to build a home for the Allens, signing a $35,000 note in 1988 to secure his fee; William and Celena separated in 1989, and in 1990 the Allens sued William for breach of contract, ultimately finding he breached by failing to timely complete the home, complete specified work, provide remedial repairs, and include specified items, and awarding the Allens $43,500 in damages for emotional distress. William had worked on the Allen home for over four years, including significant post-separation work; when the Feldners filed for marital dissolution in 1992, little evidence about the nature of the Allen lawsuit was presented, and neither party sought reimbursement from the other regarding the Allen contract's performance or the resulting liability. The trial court ruled the Allen lawsuit debt was a community debt incurred during the marriage; Celena's motion for reconsideration, attaching the Allen lawsuit opinion detailing the breach, was denied, and she appealed.

IssueFree

Whether a contractual debt incurred pursuant to a contract entered during marriage is considered a debt of the community.

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