Kernrechtsfrage
Whether the wife could obtain a usage fee for the marital property occupied by the husband
Extrahierter Entscheid
No usage fee was payable in these separate-maintenance proceedings; any financial effects of the housing allocation could only be reflected in maintenance, not through a property-law-based fee.
Extrahierte Begründung
The wife was seeking an indirect matrimonial-property settlement before divorce. Articles 125 and 121(3) ZGB concern divorce consequences, and no analogy to tenancy law was available in maintenance proceedings.