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Marriage in Tbilisi: Marital Property and Asset Division regime

Marriage is an act that not only unites two people emotionally, but also establishes a series of legal rules governing the assets acquired during the marriage. In Georgia, and specifically in relation to your marriage in Tbilisi, the property arrangements governing marriage are reflected in the only possible option: community property.

In the community property regime, all assets acquired during the marriage are considered joint property, meaning they belong to both spouses, regardless of who actually acquired them. In practice, this means that everything purchased or earned during the marriage, such as real estate, savings, and other assets, will be equally divided between the two partners in the event of separation or divorce. Assets derived from inheritance remain the property of the recipient and are not included in the community property. Additionally, assets owned by a spouse prior to marriage ) do not constitute part of the community property. It may vary from country to country,

In the separation of property regime, on the other hand, each spouse maintains full ownership and control over their assets acquired both before and during the marriage. In other words, the assets are distinct and separate, and there is no automatic division of property in the event of divorce or separation. Each partner can freely dispose of their own property without the consent of the other.

This option is often chosen by couples who wish to maintain a certain degree of economic independence or who have significant pre-existing assets.

Since, under Georgian law, marriage is community property by default, if this option does not align with your wishes, a couple in mutual agreement can change the property regime at any time through a notarial deed in his residence once the marriage is registered or before the marriage, the so called pre-nutial agreement.

A pre-nuptial (or pre-marital) agreement is an agreement made by a couple before they marry or enter into a civil partnership, which sets out how they wish their assets to be divided if they should divorce or have their civil partnership dissolved.

For information on how to get married in Tbilisi, read here.