Participation in the cyclical increase in value of a property acquired in co-ownership by spouses subject to the marital property regime of participation in acquired property

Facts

A.A., born in 1962, and B.A., born in 1964, were married in 1995 and are subject to the marital property regime of participation in acquired property. In 2001, they jointly acquired a villa in U. The purchase and renovations, totaling 687,000 CHF, were financed by A.A. with 140,000 CHF from his separate property and 42,000 CHF from his acquired property, as well as a mortgage loan of 505,000 CHF taken out by both spouses.

In 2010, A.A. filed a unilateral divorce petition. The Court of First Instance ordered the sale of the villa, with reimbursement of 182,000 CHF to A.A. and equal division of the remaining balance between the spouses. The Court of Justice reduced the amount to be reimbursed to A.A. to 140,000 CHF.

A.A. filed a civil appeal to the Federal Tribunal, alleging a violation of Art. 206 para. 1 CC and requesting that the amount of 182,000 CHF be reimbursed to him, with participation in the cyclical increase in value.

Considerations

The Federal Tribunal first examines the admissibility of the allegation of violation of Art. 206 para. 1 CC raised by A.A. It considers that this is a new substantive legal argument, admissible as it can be decided based on the factual findings of the contested judgment.

On the merits, the Federal Tribunal notes that, under the marital property regime of participation in acquired property, the spouses' assets are divided into four distinct masses. When a spouse has contributed without consideration to the acquisition of the other spouse's property, they are entitled, under Art. 206 para. 1 CC, to a proportionate participation in the cyclical increase in value of that property.

The…