Question juridique clé
How should the land value and mortgage financing be treated in the matrimonial property division?
Solution extraite
Because the land acquisition was financed by a mortgage and the mortgage was amortized by CHF 55,000 from common funds, only the replacement claim for that amortization counted; the land value itself was not to be additionally treated as an asset of the acquired property mass.
Motifs extraits
The court treated the mortgage-financed land acquisition as established. Since no values were created by the acquired property mass for the land purchase, the land value could not be counted as an active asset together with the mortgage. The only relevant item was the reimbursement claim for the amortization paid from common funds under Art. 209(1) ZGB.