# Gambling debts in Georgia — protecting family property

A loan taken for gambling is an ordinary debt — the bank or microfinance lender doesn't care what it was spent on. But one spouse's debt is not automatically the whole family's debt. We help you protect your share, deal with the debts and stop new ones.

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Under Article 1170 of the Civil Code, one spouse's debt is collected from their personal property and their share of joint property. Joint marital property can be used only if a court finds that the borrowed money served the common interests of the whole family — and money lost gambling usually doesn't.
If a spouse spent joint property against the family's interests, a court can increase the other spouse's share on division (Article 1168). Joint property can be divided during the marriage too — protecting your share from new debts.

## What to do

- Don't sign as a guarantor or co-borrower — then the debt is yours too.

- Get the full list of debts: banks, microfinance lenders, private lenders, the debtors register.

- Check whether a debt is time-barred and whether interest and penalties exceed the legal limits — the effective annual rate on a loan must not exceed 50%.

- If the family flat or car faces enforcement, prove your share and ask for the property to be divided.

- To stop new debts, ask the court to place the family member on the list of gambling-dependent persons.

## When the debt is a child's or parent's

Other family members are not liable for an adult child's or parent's debt unless they signed as guarantor or co-borrower. The debt is collected only from the debtor's property. The problem arises when the flat is in the debtor's name — so property matters should be settled early.

## Our services

- Assessing the debts — limitation, interest, penalties

- Negotiating restructuring with banks and microfinance lenders

- Defence in court and at enforcement

- Protecting the spouse's share when joint property is targeted

- Dividing joint property during the marriage

- Banning a family member from gambling

## Questions & answers

### Can my spouse's gambling debt be collected from our flat?

Only from their share. Joint property can be used only if a court finds the money served the family's common interests. Money lost gambling usually doesn't.

### Is a loan taken for gambling void?

No — the purpose of a loan doesn't affect its validity. But interest and penalties above the legal limits can be reduced, and you can refuse to pay a time-barred debt.

### Am I liable for my child's debt?

No, unless you are a guarantor or co-borrower. An adult child's debt is collected only from their own property.

### How do I stop new debts?

A family member applies to the court to place the person on the dependent list — after that they cannot gamble at any licensed casino or betting operator for 5 years.

## Legal basis

- [Civil Code of Georgia](https://matsne.gov.ge/ka/document/view/31702)

- [Law on Organising Lotteries, Games of Chance and Prize Games](https://matsne.gov.ge/ka/document/view/30988)

Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.

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- [#Family & children](https://mmlaw.ge/en/family-lawyer/)

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Source: https://mmlaw.ge/en/gambling-debts-georgia/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge
