I agree with your post except what I have colored in magenta.
For all practical purposes while husband and wife are living together happily, they enjoy everything they both have. Why shouldn't they own immovable properties separately? Why it is not equally fair? That rationale in clear and unambiguous terms should be told. Right? Please
Regards
P.S. Contents of
Post
#55 should be kept in mind.
Immovable properties? I am assuming you are discussing real estate? Or are you talking about intangible property such as a business or stocks?
Let's deal with real estate first. Imagine you own a house. That house has a value. You can increase the value of that house with work and maintenance. If you do not do this, the house will deteriorate in value. This extra investment is just as much of an investment as the original purchase money. Now imagine you do not have a house, but you marry a woman with a house. You make improvements and maintain the house for 20 years, the idea that you get no return on your investment while she gets a return on her original investment and your investment over 20 years, is not fair.
But the scenario I was originally discussing is even easier. Imagine you marry a woman who makes x dollars a month. You make z dollars every month. You quickly realize that you two can both live off z dollars a month, and put x dollars a month towards a mortgage. Now fast forward 20 years. Now you have invested 20 years worth of maintenance and upgrades, supporting both of you with your salary has enabled you two to purchase a house with her salary. Should she get all of the return? No. But for your salary, she would not have been able to purchase the house. So it is very much your investment as well.
Businesses are quite the same. Spouses invest time and support in their partners business that but for that investment the business would not be as successful. They should get a return on their investment.
Why do you disagree that it is fair to presume such an investment occurs?