Facts
The property "[L.] " belongs to the estate of [V.] , who passed away on 26 February 1985. The heirs are her three children [A.] , [B.] (the plaintiff) and [C.] . Heir [C.] renounced the inheritance, whereby her four children [E.] , [F.] , [G.] and [H.] (the defendants) became the heirs. In 1989, the plaintiff [B.] initiated the inheritance division proceedings and requested that the property "[L.] " be divided into two parcels. The defendants, on the other hand, requested that the property be assigned to them undivided. The cantonal courts found that the property was not legally divisible and therefore had to be sold. The plaintiff appealed this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court confirmed the decision of the lower instances. It stated that according to the legal rules of division, inheritance matters should be distributed in kind among the heirs as much as possible. Only if the division would lead to a significant reduction in value, is a sale permissible. In the present…