Whose property it is: pre-marital, gifted, inherited or joint: what to do under Georgian law

What to do

1. First, the marriage contract: a marriage contract may establish joint or separate ownership (Civil Code of Georgia, Art. 1176); a marriage contract is made in writing and notarised (Civil Code of Georgia, Art. 1174). Without a contract, the statutory regime applies.
2. The time and basis of acquisition decide, not the registry entry: property acquired during the marriage is joint ownership unless the marriage contract provides otherwise, whoever it is registered to (Civil Code of Georgia, Art. 1158); a spouse who ran the household or looked after children without income also has a right to joint property (Civil Code of Georgia, Art. 1158). Personal property: property that belonged to a spouse before the marriage (Civil Code of Georgia, Art. 1161); property received during the marriage by inheritance or as a gift (Civil Code of Georgia, Art. 1161). A gift “to both of us” or parents' money used for a purchase — check to whom the gift agreement was made and in whose name the property is registered.
3. Investing joint money in personal property: personal property may become joint if expenses incurred during the marriage significantly increased its value (redevelopment, completion, reconstruction) (Civil Code of Georgia, Art. 1163) — a significant increase in value is required, not ordinary repairs; value is assessed by expert examination. Personal-use items (except jewellery) belong to the person who uses them (Civil Code of Georgia, Art. 1162).
4. Evidence: each party must prove the circumstances of their claim or objection (Civil Procedure Code of Georgia, Art. 102) — agreements, statements on the origin of the money (sale of a pre-marital apartment, a gift). Property acquired by each spouse when the marriage has actually ended or the spouses live apart may be recognised by the court as personal (Civil Code of Georgia, Art. 1168).
5. Risks: for a buyer, the sole owner entered in the registry is considered the sole owner (Civil Code of Georgia, Art. 312) — seek a prohibition on alienation or security for the claim; the limitation period for divorced spouses' claims to divide joint property is 3 years (Civil Code of Georgia, Art. 1171).
6. Where to apply: district (city) court; National Agency of Public Registry — extracts.
7. Evidence: registry extract, purchase or gift agreement, inheritance certificate, statements on the origin of the money, repair receipts, valuation before and after, the marriage contract.
8. Pitfalls: a registry entry in one name does not make property personal; ordinary repairs do not make a personal apartment joint; money from the sale of pre-marital property is hard to prove as personal without documents.

Be sure to check

• property acquired during marriage is joint regardless of whose name it is in; personal property — pre-marital, inherited and gifted
• personal property becomes joint if its value significantly increases through joint investment
• a (notarised) marriage contract can change the property regime
• the burden of proving the source of funds, and the risk of sale of property registered to one spouse