The judgement concludes that the married couple are NOT one financial entity with each having full authority over the finances. The wife could not make this financial decision on behalf of the husband without his knowledge.
I wonder if this could have implications for such things as people running up debt unknown to their spouses but the spouse then being liable for half of it.
I wasn't actually looking for family law connections when I read that case, I just thought that it was interesting.
I wish your argument worked, and it makes sense to me. I think though that while a spouse cannot make a financial decision on behalf of the other spouse, they can certainly make a financial decision for the marriage unit.
So if husband takes out $100,000 loan to buy a fast car, he can't put the loan in his wife's name, but the marriage unit now has a $100,000 loan that was placed there quite legitimately by the husband.
Either way, in the case I linked, I hope the winning family buys a fast car with their hundred grand and crashes it into a nearby pole. Such jerks.
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