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The difference is that business partners are completely free to set the terms of their partnership. Whereas in marriage, the terms are fixed by the state. No b

The difference is that business partners are completely free to set the terms of their partnership. Whereas in marriage, the terms are fixed by the state. No business partners would enter a deal with equal shares if one brings 1M in assets and the other zero. A marriage forces them to.

deleted 8y ago
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lazyasciiart 8y ago
In the US it usually doesn't, where did you learn about marriage property? > generally speaking, Separate Property includes: •Any property that was owned by either spouse prior to the marriage; (random link with explanation: https://www.forbes.com/sites/jefflanders/2011/04/12/understanding-how-assets-get-divided-in-divorce/#3b1963652b66 https://www.forbes.com/sites/jefflanders/2011/04/12/understa...)
patmcc 8y ago
Three things with that: 1) Prenuptial agreements exist, you can alter the terms of the partnership. 2) As someone else mentioned, pre-marriage assets are generally kept separate. 3) Business partners enter into all kinds of arrangements - maybe one parter brings in less money but has more expertise, connections, or will work more hours over the life of the partnership.
dragonwriter 8y ago
> The difference is that business partners are completely free to set the terms of their partnership. They are not completely free; the law has bounds. > Whereas in marriage, the terms are fixed by the state. That's not true, there are default terms set by the state and, within the bounds of the law, they can modify them. Hence pre-(and post-)nuptial agreements. > No business partners would enter a deal with equal shares if one brings 1M in assets and the other zero You can probably find examples showing that that generalization is overstated, but, sure, that would be unusual. > A marriage forces them to. No, even in a “community property” state, it doesn't, even in the absence of a special agreement between the parties. Community property is generally that property acquired during the marriage; assets brought in at the formation remain separate property, in general.

deleted 8y ago

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lazyasciiart 8y ago

In the US it usually doesn't, where did you learn about marriage property? > generally speaking, Separate Property includes: •Any property that was owned by either spouse prior to the marriage; (random link with explanation: https://www.forbes.com/sites/jefflanders/2011/04/12/understanding-how-assets-get-divided-in-divorce/#3b1963652b66 https://www.forbes.com/sites/jefflanders/2011/04/12/understa...)

patmcc 8y ago

Three things with that: 1) Prenuptial agreements exist, you can alter the terms of the partnership. 2) As someone else mentioned, pre-marriage assets are generally kept separate. 3) Business partners enter into all kinds of arrangements - maybe one parter brings in less money but has more expertise, connections, or will work more hours over the life of the partnership.

dragonwriter 8y ago

> The difference is that business partners are completely free to set the terms of their partnership. They are not completely free; the law has bounds. > Whereas in marriage, the terms are fixed by the state. That's not true, there are default terms set by the state and, within the bounds of the law, they can modify them. Hence pre-(and post-)nuptial agreements. > No business partners would enter a deal with equal shares if one brings 1M in assets and the other zero You can probably find examples showing that that generalization is overstated, but, sure, that would be unusual. > A marriage forces them to. No, even in a “community property” state, it doesn't, even in the absence of a special agreement between the parties. Community property is generally that property acquired during the marriage; assets brought in at the formation remain separate property, in general.