Determining Marital Property: Legal-Economic Approaches in the Practice of the Supreme Court of Georgia

Irakli Leonidze （ The Faculty of Law, Ivane Javakhishvili Tbilisi State University, Georgia; The Institute for Business, Labor and Social Law, Albert Ludwig University of Freiburg, Germany ）

简介

Spousal property regimes, particularly the distinction between joint and individual property, are fundamental components of family law. In Georgia, this area is primarily governed by the Civil Code of Georgia, which presumes that all property acquired during marriage unless otherwise agreed upon by the spouses through a marriage contract constitutes joint marital property. This presumption ensures that both spouses, regardless of their individual financial contributions, are entitled to share equally in the economic gains of the marriage. At the same time, the law recognizes individual property, which is excluded from the co-ownership regime. Individual property includes assets owned prior to marriage, as well as property acquired during marriage through inheritance or as a gift. This distinction not only safeguards the personal autonomy of each spouse but also helps prevent disputes over assets that were never intended to be shared. Judicial practice shows that this division is not always straightforward. Complexities arise when individual property is improved, maintained, or transformed using joint resources, thereby blurring the boundaries between personal and marital property.

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