Questão jurídica principal
Whether the husband's unpaid marital maintenance claims had to be settled within the matrimonial property division
Decisão extraída
Yes. Claims for unpaid maintenance up to February 2016 had to be liquidated in the matrimonial property division.
Fundamentação extraída
Under Art. 205(3) ZGB, all mutual debts between spouses, including maintenance debts, must be settled in the property division. The appellate court had wrongly reserved possible outstanding maintenance claims.