Facts
The case concerns the division of matrimonial property between F.M. and his divorced wife C.M. The value of an agricultural business that F.M. has taken over as a member of a community of heirs is disputed. The business was encumbered with a profit-sharing right and a right of retransfer of the co-heirs.
The High Court had estimated the market value of the business at CHF 809,300, of which CHF 355,100 were debts, resulting in a net value of CHF 454,200. However, the High Court set the attributable value of the business equal to the debts, as the burdens of profit-sharing and right of retransfer would neutralize the value.
C.M. appealed against this judgment, as she was of the opinion that the High Court had wrongly reduced the market value.
Considerations
The Federal Supreme Court states that latent burdens that could be realized in the future must generally be taken into account as value-reducing factors in the valuation. The decisive factor is the probability with which such burdens could materialize.
However, the High Court has not sufficiently justified the valuation. It has neither clarified how likely a sale of the business and…