Thanks for the explanation. I have heard of the concept of community property, but did not know where it came from historically. I also did not realise it had this effect - which makes sense now you explain it.
I do not think this is the explains of the decline in marriage though. AFAIK marriage has declined across the west - other US states, and certainly in many European countries.
People marry expecting to cooperate so I find it hard to believe this is a common reason not to marry on any case. The idea behind community of property must have been that the expectation of a marriage is that it will endure for life and the spouses are committed to each others' best interests. That is how it is supposed to work!
I think (and everything points to it being the cause here in the UK) is that without the social pressure to marry in order to co-habit people think of marriage as just a ceremony (on which they spend ridiculous amounts) and a piece of paper. They do not realise the legal benefits of marriage. In fact, many people assume that if they co-habit long term and have kids the law must be fair enough to give them reasonable rights, and some even think we have common law marriage here. It leads to distressing results when relationships break down, or a partner dies (especially without a will, or when a will is contested).
I do not think this is the explains of the decline in marriage though. AFAIK marriage has declined across the west - other US states, and certainly in many European countries.
People marry expecting to cooperate so I find it hard to believe this is a common reason not to marry on any case. The idea behind community of property must have been that the expectation of a marriage is that it will endure for life and the spouses are committed to each others' best interests. That is how it is supposed to work!
I think (and everything points to it being the cause here in the UK) is that without the social pressure to marry in order to co-habit people think of marriage as just a ceremony (on which they spend ridiculous amounts) and a piece of paper. They do not realise the legal benefits of marriage. In fact, many people assume that if they co-habit long term and have kids the law must be fair enough to give them reasonable rights, and some even think we have common law marriage here. It leads to distressing results when relationships break down, or a partner dies (especially without a will, or when a will is contested).