Facts
This decision concerns the liquidation of the matrimonial property regime. It is a matter of determining the participation of the spouse in the appreciation of the other spouse's contribution, in accordance with Art. 214 CC. The Federal Court had to examine under what conditions the proportional participation of each estate in an asset is admissible.
The facts are as follows: during the marriage, value-enhancing investments were made in the real estate belonging to the separate property of one of the spouses, using funds from the community of acquests. The lower court granted the community of acquests a variable claim corresponding to the resulting appreciation.
Considerations
The Federal Court rejects this solution. It considers that previous case law only admits the proportional participation of several matrimonial estates in an asset if the investment of the foreign estate has already been made at the time of acquisition of the asset, and if it is a real estate.
The Court considers that the variable claim introduced by the new regulation of matrimonial law (Art.…