Facts
The case concerns the separation of property between a married couple, X. and Y., where the husband, Y., is the owner of a vineyard. The wife, X., requested a divorce and a separation of property allowance. The district court granted an allowance of 845'554 fr. to X., which the cantonal court reduced to 289'423 fr. X. appealed to the Federal Court, requesting an allowance of 723'694 fr.
The key facts are as follows: the couple married in 1969 and had three children. The husband took over his father's vineyard in 1978 and operated it as a sole proprietorship. The wife managed the household and worked in the business. The couple separated in 2003 and the divorce was requested in 2007.
The district court evaluated the vineyard at 881'391 fr., including wine and alcohol stocks. X. contested this evaluation, arguing that the stocks should be evaluated at their market value, which would be 1'762'800 fr.
Considerations
Evaluation of the Agricultural Enterprise
Article 212 of the Swiss Civil Code (CC) provides that the agricultural enterprise must be evaluated based on its yield, which is determined by the production value of the enterprise. The cantonal court decided that the wine and alcohol stocks should be evaluated at their market value, and not at their production value.
Evaluation of Stocks
The cantonal court decided that the wine and alcohol stocks should be evaluated at their market value, and not at their production value. This decision is in accordance with Article 17 of the Federal Law on Rural Land Law (BGBB), which provides that stocks must be evaluated at their market value.
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