Swiss Civil Code

¹ A co-own­er may be ex­cluded from the com­munity of co-own­ers by court or­der if, as a res­ult of his or her con­duct or that of per­sons to whom he or she gran­ted use of the ob­ject or for whom he or she is re­spons­ible, his or her du­ties to­wards the oth­er co-own­ers in­di­vidu­ally or col­lect­ively are so ser­i­ously vi­ol­ated that con­tinu­ation of the com­munity of co-own­ers be­comes un­reas­on­able.

² Where the com­munity com­prises only two co-own­ers, each has the right to sue the oth­er; in oth­er cases, un­less oth­er­wise agreed, leg­al ac­tion against one co-own­er must be au­thor­ised by a ma­jor­ity of all the co-own­ers ex­clud­ing the per­son to be sued.

³ If the court rules in fa­vour of ex­clud­ing the de­fend­ant, it shall or­der him or her to ali­en­ate his or her share and, should he or she fail to do so with­in the al­lowed time lim­it, shall or­der it to be sold at pub­lic auc­tion in ac­cord­ance with the pro­vi­sions gov­ern­ing the forced sale of land to the ex­clu­sion of the pro­vi­sions gov­ern­ing dis­sol­u­tion of co-own­er­ship.