Key legal question
Whether the cantonal court arbitrarily valued the sold cheese business for matrimonial property division
Extracted holding
Yes. The court had to consider the actual net sale proceeds and could not simply equate the purchase price with the sale proceeds; its valuation was arbitrary.
Extracted reasoning
The transfer price was partly offset by assumed debts and other obligations. Ignoring these elements led to an untenable valuation under Art. 9 BV.