Swiss Civil Code

¹ Where a spouse has con­trib­uted to the ac­quis­i­tion, im­prove­ment or pre­ser­va­tion of an as­set be­long­ing to the oth­er without re­ceiv­ing equi­val­ent com­pens­a­tion, and where at the time of the li­quid­a­tion that as­set has in­creased in value, then his or her claim cor­res­ponds to his or her pro­por­tion­ate con­tri­bu­tion and is cal­cu­lated ac­cord­ing to the cur­rent value of the as­set; if, con­versely, the as­set has de­creased in value, his or her claim cor­res­ponds to the ori­gin­al con­tri­bu­tion.

² If such an as­set had already been ali­en­ated be­fore­hand, the claim is cal­cu­lated ac­cord­ing to the pro­ceeds ob­tained and is due im­me­di­ately.

³ By writ­ten agree­ment, spouses may ex­clude par­ti­cip­a­tion in the in­creased value or vary the pro­por­tion there­of.