Dividing marital property in a Georgian divorce

Under Article 1158 of the Civil Code, property acquired during marriage is the spouses' joint property unless a marriage contract says otherwise — even if one spouse looked after the home and children and had no income of their own. On division the shares are equal unless agreed otherwise.

Separate property is what each spouse owned before marriage and what they received during it by inheritance or gift. But if its value grew significantly through joint spending during the marriage — for example, a flat was renovated or construction completed — a court may treat it as joint.

What a court considers

• It can depart from equal shares in the interests of minor children or of one spouse — for example, if the children live with them or they can't work
• The share of a spouse who spent joint property against the family's interests can be reduced
• Items needed for one spouse's profession go to that spouse
• If one spouse gets more than their share, the other receives money or other compensation
• Joint debts — a mortgage, for example — are split in proportion to the shares

The deadline

A 3-year limitation period applies to claims by divorced spouses to divide joint property. Property can also be divided during the marriage.

These rules apply to registered marriage. For couples living together without registration, disputes over property bought together are decided differently — by proving each person's contribution.