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Replies to '02/09 Sign on the Line!'

 
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February 9, 2007, 3:40 pm PST

Marriage is NOT a partnership!

Quote From: caramel8

Marriage is a partnership.  You would not go into a partnership unless you "trusted" that potential partner.  WHY ENTER INTO A MARRIAGE IF YOU DON'T TRUST YOUR POTENTIAL MARRIAGE PARTNER???  A contract is drawn in a legal partnership - but the partnership contract typically does not state "what is mine is mine" and "what is yours is yours."  Neither does the contract typically state "you leave with only what you come into the partnership with" nor "you leave with only what you have INDIVIDUALLY earned in the partnership."  You can decide what percentage of profits each individual receives, dependant upon each partners' "monetary or skill-set contribution."  Still, partnership constitutes working and earning TOGETHER and growing TOGETHER.  Whatever is earned after the partnership is formed belongs to the partnership.  If the partnership is severed, first debts are paid, then remaining profits are split between the former partners.  Typically, you risk loosing your invested capital if the debts that must be liquidated are higher than assets available.  In a nutshell, partnership is a risk.  That risk should not be entered into lightly, but with potential partners whom have already earned one another's trust.  To force or pressue someone into signing a prenuptial or postnuptial indicates that trust is not there.  If trust is not there before the marriage, why go into it all?  If trust is not there after the marriage has taken place, it is too late to renegotiate.  Just cut your loses and either obtain help through counseling, etc... to make the partnership stronger or get out of the partnership altogether and split the assets in a manner that is as equitable as possible.  Then, don't make the same mistake twice.
A couple who thought they were clever filed their taxes under business partnership law, the IRS rejected it, they ended up in court, and the court ruled that a married couple do not constitute a partnership.  Family law is distinct from partnership law.

Please, everyone, put the "marriage is a partnership" myth to bed.

It is simply wrong, and anyone who bases a decision on a blatantly false myth is likely to be disappointed done the line.

 


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