jbar
Platinum
Reged: 12/16/06
Posts: 977
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Can anyone tell me why there should be "community" or "marital" property or the laws that provide for them? It seems to me that if anyone believes that their STBX owes them anything, they should simply have to prove it, in the same way anyone would if they were not married to the other party involved or even living with them.
I know that several generations ago there were some valid arguments for these laws, but it seems to me that these arguments are now all obsolete. It looks to me like all these laws really do today is simply to retroactively convert bona fide gifts--of assets or helpful or generous behavior--to your spouse into some kind of contrived, imaginary contribution to a purely speculative "financial partnership". This is done when you no longer like your spouse in order to allow the full or partial recovery of these gifts, through dissolution of the alleged "partnership", by divorcing him or her.
When I was growing up this kind of behavior would have been called (with appropriate apologies) "Indian giving". I would like to know if anyone agrees with me and also to hear any rational arguments in favor of this arbitrary, presumptuous and expensive to defend against law.
jbar
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chatter box
Platinum
Reged: 11/09/07
Posts: 1186
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Community property has do to more with tax's, then divorce. It gives states certain rights to be able to collect tax's owed. Not real sure why it ties into divorce and isn't seperated more.
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germangirl631
Platinum
Reged: 04/04/08
Posts: 851
Loc: NJ
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All I can say is, Marital property sucks! Just because one person makes more, doesn't mean the other one should be entitled to continue to reap those benefits if they are able to hold a good job (alimony). AND, if one partner makes 2/3 of the income, they were also paying for 2/3 of the debt. So, why should the other partner get 1/2 the equity? Something for nothing if you ask me. (I'm going through this right now). AND, if the lower wage earner is a spendthrift, the higher wage earner is penalized for this during the D. I agree the laws need to be changed. How do you try to put change into motion? Anyone know?
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Jada
Platinum
Reged: 06/02/07
Posts: 3220
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Because married people buy assets during the marriage and when the marriage ends, it needs to be split. And because there are people like you who would refuse to split the marital assets, laws were created to address that issue.
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JenH03
Platinum
Reged: 02/07/08
Posts: 200
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"Can anyone tell me why there should be "community" or "marital" property or the laws that provide for them?"
Cuz when people get married and live together, they buy stuff together. If I buy a house with my husband, why shouldn't I get something out of it if we divorce? If we filled it with furniture, why shouldn't some of it be mine? Who should these things go to if you don't believe they should be split?
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movingon2
Platinum
Reged: 12/06/07
Posts: 209
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Building a marriage (excluding all the emotional aspects) could be compared with building a business. If I were a partner, and the other partner wanted out, or I wanted out, I’d make sure that I got my share of the assets/profits. OK so what happens if I did most of the work while the other partner sat on his/her butt all day, or he/she screwed me over because they had the morals of a sewer rat? Is it fair that they get a share of the profits? According to the law, yes because I entered into a binding contract with that other individual. I guess that is why they have prenupts...
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jbar
Platinum
Reged: 12/16/06
Posts: 977
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===========================================================
I agree the laws need to be changed. How do you try to put change into motion? Anyone know?
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I only know that you first have to build a "groundswell of opinion" among the population, based upon what you are advocating. This can't be a fleeting, temporary convergence of viewpoints but must be a maintained, cultivated, promoted and refined movement which continues, constantly nenewed, by those who understand it and believe in it. Only in this way can there be a possibility of ever getting the attention of lawmakers.
For more information, visit my thread, "There is a law..." in the "Men's Rights" forum here or the same thread, in the same forum, on Divorcesource.com
Edited by jbar (04/25/08 03:59 AM)
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