Facts
- Eugène Mamin and André Ecoffey are co-owners of a real estate property in Lausanne, with Mamin holding one quarter and Ecoffey three quarters. - Mamin initiated an action for in-kind division of the real estate property, while Ecoffey requested a public auction or sale between co-owners. - The President of the Tribunal of Lausanne rejected the request for in-kind division and ordered the sale of the real estate property between the co-owners. Both parties appealed against this judgment. - The Cantonal Tribunal of Vaud confirmed the first judgment, considering that the judge had not exceeded his discretionary power. - Mamin appealed against this decision, reiterating his initial conclusions.Considerations
The Federal Tribunal rejected the appeal. It considered that even if in-kind division was possible without a significant decrease in the value of the real estate property, the judge was not obliged to order it. The judge has discretionary power to choose the most equitable solution based on the circumstances of the case, the nature of the property, and the needs of the co-owners.
In this case, the judge determined that in-kind division did not correspond to the…