Questione giuridica chiave
Whether the wife’s matrimonial property claim had to be reduced based on the husband’s actual own property and net proceeds from a premarital real-estate sale.
Decisione estratta
Yes. The husband’s own property included the inherited advances, premarital assets, and the net sale proceeds of the property 'B.__________'; the wife’s participation claim was therefore lower.
Motivazione estratta
Only assets still existing at dissolution and properly allocated to the relevant marital mass count. The sale proceeds replaced the premarital property and belonged to the husband’s own property; the related gain tax had to be borne by that mass. New factual allegations about other replacements were inadmissible.