Facts
The parties married after the groom purchased a property in his name. The purchase price was Fr. 23'000.--, with Fr. 11'000.-- provided by the bride and Fr. 12'000.-- financed through the assumption of a mortgage. The lower court found that the bride's savings account balance would have become the wife's matrimonial property if it had remained unchanged until the marriage. However, the husband had disposed of the matrimonial property without the wife's consent.
The divorced wife claimed the entire property, including any increase in value and an unchanged mortgage liability of Fr. 12'000.--. The lower court, however, ruled that the property purchase of December 12, 1960, was concluded in anticipation of the upcoming marriage and was not intended to concern only one spouse's matrimonial property.
Considerations
The Federal Court examined whether the property purchase should be considered a replacement acquisition for the wife's matrimonial property brought into the marriage. The lower court found that the amount of Fr. 11'000.-- from the bride concerned a savings account balance at the Graubünden Cantonal Bank, which would have become the wife's matrimonial property if it had remained unchanged until the marriage.
The Federal Court, however, ruled that the property in question did not belong to the husband's matrimonial property, although it was his property when the marriage began under the marital property regime of community of property. The payment of the savings amount of Fr. 11'000.-- for this purchase by the bride cannot be considered a loan or a gift to the groom.
The Federal Court concluded that the divorced wife is not entitled to the entire property, including any increase in value and an unchanged…