Questione giuridica chiave
Whether the wife could claim the sale proceeds of the transferred properties as part of marital property liquidation
Decisione estratta
No. The parties had concluded a fiduciary arrangement, so the wife was the legal owner but not the economic beneficiary; she had no right to restitution of the sale proceeds.
Motivazione estratta
The cantonal court’s factual finding of common real intention bound the Federal Supreme Court. The wife had to exercise ownership according to the husband’s instructions and in his interest, which excluded a claim to the sale proceeds under mandate rules.