I think there is an argument to be made here. At least to some degree, however the reason for community property didn't start because of divorce but a way to collect unpaid tax's. Look at it from the IRS, state or county tax view. You have unpaid tax's from one person the husband yet the wife or common law spouse doesn't work. Tax's are piling up and they only thing they own is a house. They can't take just his half of the house or put a lien on just his half. They can't lien just half of there joint account. If they both work and have seperate accounts but he gets behind so to avoid paying back tax's he stops working. Why should he work when his spouse make plenty after all. The only recorse is for the tax's to come fromt the working spouse yet they can't take it unless it is community property. I say lets do away with tax's and community property but then how do we pay pay the government.