Facts

A., born in 1965, and Mrs. A., born in 1962, were married on June 23, 1988 in Carouge. They had adopted the regime of separation of property by marriage contract. In 1991, Mrs. A. acquired a real estate property constituting the family home. The husband alleged to have devoted numerous hours to the establishment of plans and renovation of this property, as well as to have provided for its financing. He also intended to participate in the added value acquired by the building. By judgment of April 15, 2010, the court pronounced the dissolution of the marriage. By judgment of June 17, 2011, the Court of Justice of the Canton of Geneva ordered the wife to pay the husband a sum of 40,000 CHF with interest at 5% from June 18, 2008 as fair compensation within the meaning of Art. 165 para. 2 CC.

Considerations

The Federal Tribunal dismissed the husband's appeal against this judgment. It considered that only the investments of 105,324 CHF made by the appellant in favor of the real estate property, owned by his wife, were to be taken into account in application of Art. 165 para. 2 CC. The cantonal court considered that these expenses, having allowed not only the maintenance of the family home but also its improvement and its arrangement, had to be considered as contributions to the maintenance of the family in the broad sense. It then noted that the appellant had no fortune, that the investments had manifestly contributed to the added value acquired by the property, which only benefited the wife, and that the appellant had not much benefited from certain arrangements. The court deduced from this that the contribution of 105,324 CHF had…