Childcare: family/friends/old lady at church whose kids have moved out long ago.
Mortgage: your tenants. Ownership stake? 50/50 profit-sharing split on sale. Don't finance a depreciating asset that doesn't generate a lick of cashflow.
Then again, I don’t live in the US; people here (or maybe it’s just my circle) are less pre occupied with money and lawsuits. Even the most messy divorces I know of from my friends didn’t need lawyers.
This doctrine developed into the various marital property laws we have today. Of course the wife no longer loses legal personhood, but the married couple itself still retains a kind of legal personhood, a couple can own property jointly, and when the marriage is dissolved the marital property needs to be redistributed back to the “shareholders” by a court.
At the same time, another change was happening: the cultural acceptance of divorce. While not so long ago, divorce was unthinkable for most, in modern times it’s completely normal.
So the law of marital property has developed based upon a model of lifelong marriage, whereas culture has embraced divorce and remarriage.
There is another culture that has a cultural acceptance of divorce and that’s the Arabs. But because they developed their marital property law afterwards, with the prospect of divorce and remarriage built in, it turned out in a completely different way. Instead of viewing the married couple as a single legal person (i.e. marriage as a corporation), they viewed the couple as individuals with a contractural arrangement, forbidden to interfere with each other’s property.
Because it's simple and easy? I trust my partner; she trusts me; we discuss expenses beyond some fuzzy threshold that we both seem to understand intuitively.
The alternative seems to require spreadsheets. Who pays for the kid's daycare? Who pays what percentage of the mortgage, and what ownership stake does that represent? What if someone's income goes dramatically up, or dramatically down?
It sounds exhausting.