Questione giuridica chiave
Whether the husband still owed CHF 123,913.55 from marital property liquidation, including proceeds from the Vienna property sale.
Decisione estratta
No further claim arose from the 1998 notarial liquidation agreement; the Vienna sale proceeds were not a reserved new asset.
Motivazione estratta
The spouses intended to liquidate the entire community property. The clause on 'new' assets concerned only property acquired after the notarial deed and before separation took effect. The sale proceeds dated from 1997 and were replacement value for an asset existing before the deed.