Facts
In the context of the liquidation of the matrimonial property regime, a dispute has arisen between the parties regarding the claims related to the former marital real estate property. This property, a three-apartment house, was partially acquired free of charge by the defendant in 1972. Improvement works were carried out on the property between 1972 and 1987, resulting in a capital gain of CHF 210,000. The defendant sold the property in November 1987, shortly before the entry into force of the new matrimonial law, for CHF 160,000, while its market value was CHF 675,000.Considerations
The Federal Court ruled that, in accordance with Art. 9d para. 1 Tit. fin. CC, the new matrimonial law applies to the liquidation of the property regime, including the calculation of the reimbursements between the different estates (Art. 206 and 209 CC). Thus, the reimbursement under Art. 209 para. 3 CC must be calculated based on the fair market value of the property at the time of the alienation, i.e. CHF 675,000, and not on the sale price of CHF 160,000.
The improvement works carried out by the parties resulted in a capital gain of CHF 210,000, which gives rise to a reimbursement of the acquêt of each spouse to the estate to which the…