Offsetting of Non-Matrimonial Debts Against Marital Property Equalization Claim

In divorce proceedings concerning the equalization of gains, the court ruled that a spouse owing the other a share of accrued property under Article 215 of the Civil Code could validly offset this debt against two separate, non-matrimonial property claims: one stemming from retained social insurance pensions and another representing a claim for reimbursement under Article 206 of the Civil Code. The court reasoned that during marital property division, all debts between spouses should be settled, and it is permissible to bring claims arising from non-matrimonial legal relationships into the divorce proceedings; thus, allowing the offsetting (verrechnung) of mature, non-matrimonial counterclaims against the equalization claim ensures a final accounting, which is standard practice in such settlements.