What is the draw of marriage?

[Toiletduck]

Originally Posted by California Dreamer

I proposed to my wife 6 weeks after meeting her, and we have been married about 25 years now. But then I've always been an impulsive type; I just got supremely lucky in my choice of someone to put up with me.

congratulations, sounds wonderful

 

[lawyerdad]

Originally Posted by odoreater

Depends on the state. Most states don't even have a community property system. The community property system only exists in 8 states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington). These states might have differing laws, but in general, a gift or inheritance to only one spouse is not marital property; however, property acquired with the earnings of only one spouse is marital property.

The rest of the states have common law marital property systems based on the tenancy in common. Property is usually divided by "equitable distribution" now, meaning that the court divides the property in its discretion on equitable principles. Some states allow courts to distribute all property owned by the spouses, others only "marital property". Marital property is defined in some states to include all property acquired during marriage by whatever means; other states only include property acquired from earnings of either spouse during the marriage.
To put a small gloss on odoreater's good explanation: it also depends in part on how you treat it. For example, in a community property state where an inheritance is presumptively separate property, that presumption may be overcome if you simply dump the money in the joint checking account and generally treat it like community property. On the other hand, even in states where the presumptive rule would make it joint property, it's generally the case (in my limited understanding, anyway) that you can alter that prospectively through a pre-nup or by contemporaneous agreement.

 

[hopkins_student]

Originally Posted by lawyerdad

To put a small gloss on odoreater's good explanation: it also depends in part on how you treat it. For example, in a community property state where an inheritance is presumptively separate property, that presumption may be overcome if you simply dump the money in the joint checking account and generally treat it like community property. On the other hand, even in states where the presumptive rule would make it joint property, it's generally the case (in my limited understanding, anyway) that you can alter that prospectively through a pre-nup or by contemporaneous agreement.

I was thinking more along the lines of (at least partial) ownership of a family business, which cannot be separated by means of an account, rather than the profits generated by said business. What's the case in that type of situation?

 

[odoreater]

Originally Posted by hopkins_student

I was thinking more along the lines of (at least partial) ownership of a family business, which cannot be separated by means of an account, rather than the profits generated by said business. What's the case in that type of situation?


In that type of situation, I would suggest consulting an attorney who practices family law in the relevant jurisdiction and who is fully apprised of the specific facts of the case. Seems like it would be a very fact intensive situation - especially in a non-community property state where equitable distribution would apply. For example, if the spouse helps you run the business, or even if he/she stays home and takes care of the house so that you can run the business, they would probably get a share; if, on the other hand, the business is run by third parties and you only collect a dividend, there's probably a better chance that the spouse wouldn't get anything - if you have inherited a non-equity interest there's an even better chance that your spouse wouldn't get anything.

 

[LabelKing]

I have no use for small children, either as holiday curios or future model citizens, so marriage--as love--is a vaguely distant possibility.

 

[Etienne]

Originally Posted by thinman

I would advise anyone considering marriage to take a good, long look at their intended's parents and the relationship between them.
OK, my gf's mother is just out of a mental care facility. I guess I should have second thoughts.

 

[itsstillmatt]

Originally Posted by hopkins_student

I was thinking more along the lines of (at least partial) ownership of a family business, which cannot be separated by means of an account, rather than the profits generated by said business. What's the case in that type of situation?
FWIW, and I am no lawyer, my experience in dealing with pre-existing interests in family partnerships in California has been that they were, and continue to be, separate property. The best thing that you can do here is to create a living trust prior to marriage and not co-mingle. As far as what the parents are like, my in-laws are horrible and my wife is nothing like them. I did walk in on my mother-in-law changing once. I hope that was not a glimpse into the future.

 

[Stu]

Originally Posted by LabelKing

I have no use for small children, either as holiday curios or future model citizens, so marriage--as love--is a vaguely distant possibility.

That's very sad LK. I'm not trying to be Super Dad, because I am not, but when I bred it really made me feel like a more complete man.

 

[lawyerdad]

Originally Posted by iammatt

FWIW, and I am no lawyer, my experience in dealing with pre-existing interests in family partnerships in California has been that they were, and continue to be, separate property. The best thing that you can do here is to create a living trust prior to marriage and not co-mingle.

As far as what the parents are like, my in-laws are horrible and my wife is nothing like them. I did walk in on my mother-in-law changing once. I hope that was not a glimpse into the future.
I think odoreater and matt are both right. The general rule -- in CA anyway -- would be that it would presumptively remain separate property. But that may well change if you don't maintain its "separateness". As odoreater suggests, a good family law attorney should be able to provide -- with a fairly limited investment of time and thus fees -- some clear "do's and don'ts" to follow in order to keep things clear, and/or draft an agreement reflecting your intentions regarding the ownership/disposition of the interest in the business.

 

[dirk diggler]

Originally Posted by vanity

I told her that once we're married, it'll never be **** b/c she's my wife. I can force myself on her whenever I want.

Her eyes immediately lit up. Perhaps that 'threat' backfired.

actually, there is spousal **** and people go to jail for it. With that said, unless she is dead tired, the spousal unit does not complain as I disrobe her in her sleep . . . .

 

[dirk diggler]

Originally Posted by odoreater

Depends on the state. Most states don't even have a community property system. The community property system only exists in 8 states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington).

you forgot the Cheesedicks, I mean heads. WISCONSIN is a community prop state as well.

 

[odoreater]

Originally Posted by dirk diggler

you forgot the Cheesedicks, I mean heads. WISCONSIN is a community prop state as well.

Wisconsin? Never heard of it.

 

[lawyerdad]

You forgot Poland!

 

[someoneNew]

Originally Posted by vanity

Ya, I'm talking about co-habitating in a relationship. My gf keeps pressure me to marry her but I just don't get it. We're happy now, what's wrong with what we've got?

Your GF has a biological clock and you don't