In certain states, you wouldn't have a choice.
(points at location)
You should always split the business when you create it, that way if things go south it's clear who owns what, and even in states where an equal split is court mandated, if the business is already divvied up, that will usually take precedence.
So when I incorporated my LLC, my wife and I are both listed, but I have 51%, she 49%. When she, her mother, and another sister went into business (geneology software) it was a 51%, 39%, 10% split.
Not only should there be unequal portions, but it's best if one person has a controlling portion. At least for many legal purposes - obviously that means they can really mess things up for everyone else, but it's better to have one liability than two or three liabilities, and it saves a lot of time making simple decisions - one person has the ultimate say.
Even in states where assets are split equitably, assets that are in one name or the other, unless specifically contested and with good foundation to be contested, stay in that one name. So if Snopes had incorporation papers with a specified split that should have held true.
All that said, even one holding 49% can really mess things up, so it wouldn't have necessarily saved the whole situation, but it usually makes things easier with fewer expensive court entanglements.
This isn't uncommon when hobbies become business over time and no one stops to think about legal protections.
I feel bad for those involved. I can't fathom how painful the entire ordeal has been.
