Jezo v. Jezo

1964

Court: WI Supreme Court

Facts: Martin and Stella are separated, and want to partition their property (to which he has made the larger contributions). For some reason, divorce isn't an option.

Posture: Trial court says the property should be divided equally

Issue: Should joint owners take equally, regardless of their contributions?

Holding: Not necessarily. Reversed.

Rule: We begin with a presumption of equality, but that is rebuttable.

Reasoning: You can prove that contributions were unequal, but you can consider the value of dower and curtesy rights.

Dicta: