Facts
[X.] (Appellant), born in 1950, and [Y.] (Respondent), born in 1961, were married on xx.xx.1989. They jointly operated the boutique [A.] from 1995 onwards. In May 2002, the parties separated. The Appellant continued to run the boutique alone until the end of 2005. On 12/16 November 2004, the parties filed a joint divorce petition, but could not agree on the consequences of the divorce. The main dispute was the division of matrimonial property, particularly the cash amount from business revenues that the Appellant had withdrawn from a safe deposit box at UBS on 21 May 2002.
Considerations
The Cantonal Court of Zurich estimated the cash amount in the safe deposit box to be CHF 247,400. It assumed that the exact amount could not be strictly proven due to the self-custody in the safe deposit box, so an estimate based on judicial discretion was permissible. The Cantonal Court relied on various indications, such as the credibility of the Appellant, the comparison of the declared cash receipts with the gross receipts, and two documents prepared by the Appellant…