Questão jurídica principal
Whether official custody was barred because the debtor's wife had exclusive possession of the seized items
Decisão extraída
No. The debtor retained at least joint possession over the wine stored in the marital home, so the wife's ownership claim did not prevent official custody.
Fundamentação extraída
Based on the binding factual findings, the debtor still stayed regularly at the family home and had referred to a wine cellar in Bern. It was therefore normal to conclude that he could dispose of the wine together with his wife.