The division of marital property is one of the most financially significant and complex aspects of a divorce. At Legal Sandbox Georgia, we provide expert legal representation in Tbilisi for the equitable division of assets, ensuring your financial rights are rigorously protected. Our practice is founded on a deep and precise understanding of the Civil Code of Georgia, which clearly defines the legal regime of spousal property. We guide our clients through this intricate process, whether through amicable negotiation or contested court proceedings, to achieve a fair and just outcome that secures their financial future.
According to the Civil Code of Georgia, property acquired by spouses during their marriage is considered their joint property, or co-ownership. This principle, outlined in Article 1158, covers a wide range of assets, including real estate, vehicles, bank deposits, business shares, and other valuables accumulated throughout the marriage, regardless of which spouse's name it is registered under. The law presumes that spouses have equal shares in this joint property, forming the basis for a 50/50 division unless a valid marital agreement states otherwise. This clear legal framework is essential for both Georgian citizens and foreign nationals divorcing in the country.
It is crucial to distinguish joint marital property from the individual property of each spouse, which is not subject to division upon divorce. As specified by Georgian law, individual property includes any assets owned by a spouse before the marriage. Furthermore, any property received by one spouse during the marriage as a gift or through inheritance is also considered their separate, individual property. Our lawyers in Tbilisi meticulously analyze all financial records and assets to correctly classify them, ensuring that your separate property remains protected and is not wrongfully included in the marital estate subject to division.
While the law establishes a default rule of equal shares in joint property, the court retains the authority to deviate from this principle under specific circumstances. This can occur if the court finds it necessary based on the interests of minor children or the noteworthy interests of one of the spouses. For instance, the court may award a larger share to the parent with whom the children will primarily reside to ensure their housing and stability. The division can be achieved through a mutual agreement, which we can help negotiate and formalize, or through a court dispute if an agreement cannot be reached. In either scenario, Legal Sandbox Georgia provides the strategic advocacy needed to protect your assets and secure your financial well-being post-divorce.
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