Facts
A.R. and B.R. had been married since 1974. A.R. worked as a senior physician in Germany and later in Switzerland, where she opened her own practice. B.R. was a sales manager and was retired early in 1990. On September 1, 1996, he left the marital domicile.
On September 11, 1997, B.R. was pursued by the Swiss Confederation. On December 20, 1997, A.R. demanded attachment proceedings for CHF 434,317. The debt collection office attached B.R.'s share of the liquidation of the joint property and, as of December 22, 1997, CHF 2,840 per month from his income. As B.R. disputed the claims, A.R. filed a lawsuit on July 19, 1998 to have her claim of CHF 434,539.85 recognized and to obtain the definitive attachment.
Considerations
The lower court concluded that the claims asserted by A.R. from separate property, repayment of pre-marital debts, and half of the property maintenance require a comprehensive settlement of the matrimonial property regime, which is not possible in the present proceedings under Art. 111 DEBA. Furthermore, attachment proceedings are only permissible for due claims.
The Federal Court decided that A.R. can assert individual claims under the matrimonial property regime even without dissolution of the property regime, provided they are due. The…