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Legal Aspects of the Emergence of Ownership Rights to the Property Acquired Throughout Marriage

By Guliko Kazhashvili, Liana Kazhashvili

Law and World · Vol. 11, No. 35, pp. 83-110 · 2025

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Abstract

The purpose of the research is to conduct a deep study of the issue related to the origin of individual ownership of spouses over property acquired during the marriage upon the termination of marriage, and to clarify the legal or practical significance of marriage registration, starting a cohabitation, or ending a cohabitation during the registered marriage when dividing property. Specifically, when and under what conditions can property acquired during marriage be considered in co-ownership of spouses according to the Civil Code of Georgia and court practice?. According to the Constitution of Georgia, the right to own and inherit property shall be recognized and guaranteed, and marriage, as a union of a woman and a man for the purpose of founding a family, shall be based on the equality of rights and the free will of spouses. The ongoing number of disputes in courts, related to the research topic, indicates its relevance. At a glance, this issue does not seem problematic, as the relevant norms of the Civil Code of Georgia provide a solution to it. However, through a reasonable interpretation of the norm, the registered marriage does not automatically establish a co-ownership regime over the property. The purpose of this article is to emphasize, through an analysis of judicial best practice, the importance of marriage registration and the role of a household. In certain cases, the existence of a household economy is a decisive factor in deeming property as co-owned. With the development of law, in relation to human rights, the classic exceptions given in a separate norm, by systematic, substantive definition, give a different rule for solving the issue, as the State acknowledges and protects universally recognized human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the State shall be bound by these rights and freedoms as directly applicable law.

Details

Publication type
Journal article
Author
  • Guliko Kazhashvili - PhD in Law, Assistant Professor, Batumi Shota Rustaveli State University, Judge in Civil Cases Panel at the Batumi City Court, Georgia
  • Liana Kazhashvili - Master of Law, Judge in Civil Cases Panel at Tbilisi City Court, Georgia
Journal
Law and World
Publication
September 30, 2025
Volume
11
Issue
35
Pages
83-110
Language
English
DOI
10.36475/11.3.7
ISSN
2346-7916
Institutions
Batumi Shota Rustaveli State University, Batumi City Court, Tbilisi City Court
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Private Law

Keywords

Registered marriage family cohabitation household co-ownership individual ownership

Cite this record

Kazhashvili, G., & Kazhashvili, L. (2025). Legal Aspects of the Emergence of Ownership Rights to the Property Acquired Throughout Marriage. Law and World, 11(35), 83-110. https://doi.org/10.36475/11.3.7
Kazhashvili, Guliko and Liana Kazhashvili. "Legal Aspects of the Emergence of Ownership Rights to the Property Acquired Throughout Marriage." Law and World 11, no. 35 (2025): 83-110. https://doi.org/10.36475/11.3.7.
@article{kazhashvili2025_0v57ew,
  title     = {Legal Aspects of the Emergence of Ownership Rights to the Property Acquired Throughout Marriage},
  author    = {Kazhashvili, Guliko and Kazhashvili, Liana},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {35},
  pages     = {83--110},
  doi       = {10.36475/11.3.7},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/845},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Kazhashvili, Guliko
AU  - Kazhashvili, Liana
TI  - Legal Aspects of the Emergence of Ownership Rights to the Property Acquired Throughout Marriage
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 35
SN  - 2346-7916
DO  - 10.36475/11.3.7
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/845
AB  - The purpose of the research is to conduct a deep study of the issue related to the origin of individual ownership of spouses over property acquired during the marriage upon the termination of marriage, and to clarify the legal or practical significance of marriage registration, starting a cohabitation, or ending a cohabitation during the registered marriage when dividing property. Specifically, when and under what conditions can property acquired during marriage be considered in co-ownership of spouses according to the Civil Code of Georgia and court practice?. According to the Constitution of Georgia, the right to own and inherit property shall be recognized and guaranteed, and marriage, as a union of a woman and a man for the purpose of founding a family, shall be based on the equality of rights and the free will of spouses. The ongoing number of disputes in courts, related to the research topic, indicates its relevance. At a glance, this issue does not seem problematic, as the relevant norms of the Civil Code of Georgia provide a solution to it. However, through a reasonable interpretation of the norm, the registered marriage does not automatically establish a co-ownership regime over the property. The purpose of this article is to emphasize, through an analysis of judicial best practice, the importance of marriage registration and the role of a household. In certain cases, the existence of a household economy is a decisive factor in deeming property as co-owned. With the development of law, in relation to human rights, the classic exceptions given in a separate norm, by systematic, substantive definition, give a different rule for solving the issue, as the State acknowledges and protects universally recognized human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the State shall be bound by these rights and freedoms as directly applicable law.
KW  - Registered marriage
KW  - family
KW  - cohabitation
KW  - household
KW  - co-ownership
KW  - individual ownership
KW  - რეგისტრირებული ქორწინება
KW  - ოჯახი
KW  - თანაცხოვრება
KW  - საერთო მეურნეობა
KW  - თანასაკუთრება
KW  - ინდივიდუალური საკუთრება
SP  - 83
EP  - 110
ER  -
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