brotherdarkness wrote:Tiago Splitter wrote:If a spouse uses SP to start a business during the marriage, it seems we don't use Van Camp or Pereira. In that case do we just reimburse the spouse for the initial investment and then split the increase in value?
Why would we be splitting the increase in value? If the business was started with SP, and the other spouse didn't contribute (which is why I assume we're not using VC or P in this hypo), then the increase in value should be SP because the fruits of SP are SP. Right? On the other hand, a spouse's labor during the marriage is CP, so even if the business is started with SP, the increase in value could arguably be CP even if the other spouse didn't contribute... Ah goddammit I don't know.
Nah you're right I overthought it. Essay #1 said don't use VC/P but that was because the business was started with CP so the whole thing was CP. If the business had started with SP, even during the marriage, you'd use the VC/P stuff.