Kernrechtsfrage
Whether the co-owned property could be allocated entirely to the wife instead of being sold at auction.
Extrahierter Entscheid
The wife did not prove a sufficient ability to fully indemnify the husband and to take over the mortgages; therefore, allocation to her could not be upheld and the property had to be sold at public auction.
Extrahierte Begründung
An allocation under Art. 251 CC requires a preponderant interest and full indemnification of the other spouse. The factual findings on the wife's ability to assume the debts were unsupported, and the husband had contested them. Without proof of those decisive facts, the allocation failed.