Facts
In the context of the dissolution of the matrimonial property regime of participation in acquired property between spouses A. and B., the main question was whether spouse B. should pay a balancing payment to spouse A. following the exclusive allocation of the Messery house to B. Spouse B. had financed half of the acquisition of this house by means of an interest-free loan granted to her husband A. The cantonal court considered that this interest-free loan constituted a contribution without consideration by B. to the acquisition of the property by A., so that the value of this loan participated in the increase in value of the house at the time of the dissolution, in accordance with Art. 206 para. 1 CC. Spouse A. appealed against this decision.Considerations
The Federal Tribunal partially upheld the appeal of spouse A. According to the case law and the majority doctrine, the conclusion of an interest-free loan between spouses to finance the acquisition of a property does not exclude the application of Art. 206 CC on participation in the increase in value, unless the spouses have expressly agreed in writing to exclude this participation, in accordance with Art. 206 para. 3 CC. In this case, spouse A. did not provide proof that the spouses had agreed to exclude the participation in the increase in value. Consequently, the cantonal court correctly applied Art. 206 para. 1…