Facts
L.T. (born 1947) and I.T. (born 1951) were married on November 14, 1974. The Cantonal Court of Nidwalden dissolved the marriage upon the request of both parties. In the context of the division of matrimonial property, it ordered L.T. to pay I.T. monthly maintenance contributions as well as an amount from the matrimonial property.
L.T. appealed the judgment. The Federal Supreme Court dismissed L.T.'s appeal and I.T.'s cross-appeal, to the extent that they were admissible, and confirmed the higher court's judgment with regard to the aforementioned matrimonial property claim.
Considerations
The Federal Supreme Court stated that the division of matrimonial property must be carried out according to the provisions on participation in acquisitions. Whoever asserts a participation claim must prove that the corresponding assets were present at the time of the dissolution of the property regime.
For investments from an inheritance into the plaintiff's medical practice, a replacement claim pursuant to Art. 209 para. 3 CC has been credited to him. The Federal Supreme Court considers it permissible to treat the medical practice as a single asset and to value it.
The…