Question juridique clé
Whether provisional measures under Art. 145 ZGB could grant the wife the right to continue living in the husband's house during the separate property division proceedings.
Solution extraite
No. Provisional measures under Art. 145 ZGB in the separate property division proceeding may secure matrimonial property claims, but they cannot confer a right to reside in the house.
Motifs extraits
The measures must be limited to matrimonial property matters and are permissible only insofar as needed to secure property claims. The husband retained statutory management and use powers over the property; the existing prohibition against alienation or encumbrance already protected the wife's property interests.