Question juridique clé
Whether the liquidation of the matrimonial property regime was correctly handled without first partitioning the co-owned family home and without properly allocating the house and mortgage between the spouses' estates.
Solution extraite
The cantonal court violated federal law by not first liquidating the co-ownership under the rules on partition of co-ownership; the case had to be remitted for a new liquidation.
Motifs extraits
On divorce, co-ownership must first be partitioned under Arts. 650 s. CC and Art. 205 para. 2 CC before the matrimonial property regime is liquidated. Registration in the land register created a presumption of co-ownership, and the wife failed to prove exclusive ownership or a hidden agreement excluding joint ownership.