Questão jurídica principal
Whether the husband’s commission payment of CHF 52,903 had to be added to his matrimonial property.
Decisão extraída
The appeal on this point failed; the court accepted that the husband had sufficiently shown the funds were consumed before the relevant date, so no addition was made.
Fundamentação extraída
The appellant did not meet the stringent burden of substantiating arbitrariness or a violation of the right to be heard. On the merits, the husband’s documentary evidence of payments for debts, legal costs, and taxes made it plausible that the money had been spent before the cut-off date.