Facts

Spouses Pierre and Julie Z. acquired properties in co-ownership during their marriage. The Civil Court of the district of Porrentruy pronounced their divorce and awarded full ownership of the properties to Julie Z., condemning her to pay a lump sum of 43'000 francs to her ex-husband. Both parties appealed this judgment. The Civil Court of the Cantonal Court of the canton of Jura confirmed the attribution of the properties to Julie Z. and set the lump sum at 50'000 francs. Pierre Z. appealed to the Federal Court, contesting the attribution of the properties to his ex-wife.

The key facts are as follows

  • Spouses Z. acquired the properties in co-ownership during their marriage.
  • The Civil Court of the district of Porrentruy pronounced their divorce and awarded full ownership of the properties to Julie Z.
  • The Civil Court of the Cantonal Court of the canton of Jura confirmed the attribution of the properties to Julie Z. and set the lump sum at 50'000 francs.
  • Pierre Z. appealed to the Federal Court, contesting the attribution of the properties to his ex-wife.

Considerations

The Federal Court examined Pierre Z.'s request under article 205 paragraph 2 of the Swiss Civil Code (CC), which allows a spouse to request the entire attribution of a property in co-ownership if they justify a preponderant interest. The Federal Court recalled that the preponderant interest can take various forms, including emotional interest, close ties with the property, family reasons, etc.

The Federal Court found that the Civil Court of the Cantonal Court of the canton of Jura had admitted Julie Z.'s preponderant interest in the entire attribution of the properties, considering in particular her emotional interest, her close ties with the properties, acquired from her father, and family reasons, including the interest of her son. The Federal…