What about the issue of who earned the property?

This often comes up in the context of a business, especially a family business. If one spouse worked to maintain or operate the business, a judge will probably award the business, or the value of the business, to that spouse while trying to compensate the other spouse for his or her services. Often judges will award the business to one spouse while awarding the marital home to the other spouse, if the value is relatively equal.

The judge would be trying to put an end to or at least reduce any further involvement between the spouses. If the family business were awarded to both the husband and the wife, there may be a bit too much togetherness in going forward.