A ruling by the Swiss Supreme Court (TF 5A_550/2019) highlights the challenges involved in evaluating art collections under family law. In a divorce case involving a married couple, the court legally classified valuable works by artists such as Anker and Harlamoff as “household goods” and awarded the wife half of their market value.
Since the husband wanted to keep the artworks, an appraiser had to determine their value. The wife challenged the appraisal using Artnet auction data, which showed prices that were in some cases 1,000% higher. The Supreme Court, however, dismissed the appeal, ruling that works of art are unique items without a fixed average price, and therefore market data cannot replace a judicial appraisal. The case vividly illustrates how important precise provisions and valuations are in prenuptial agreements.
