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: |
|