Questione giuridica chiave
Whether the marital villa should be attributed to the wife instead of the husband under Art. 176 CC.
Decisione estratta
The attribution to the husband was not arbitrary; the villa had greater objective utility for him because it was adapted to his cardiac condition and need for daily exercise.
Motivazione estratta
The Federal Court accepted the canton’s weighing of interests and held that the wife’s health and the son’s situation did not outweigh the husband’s specific need for the house with pool and fitness room. New evidence was inadmissible, and the fact that the husband had temporarily left the home did not change the utility assessment.