How is Property Divided After Divorce? – Legal Advice from “KH & Partners”

Divorce is not only an emotional challenge but also a legally and financially significant process. One of the most critical issues that divorcing spouses face is property division.

Many people mistakenly believe that marital property is automatically divided equally after divorce. However, according to the Civil Code of Georgia, property division can occur either by mutual agreement between spouses or through the court, and the legal status of the property is strictly regulated.

The legal experts at “KH & Partners” are here to help you protect your rights and navigate property disputes in a legally sound manner.

What Qualifies as Marital Property?

According to Article 1158 of the Civil Code of Georgia, marital property refers to any assets acquired by spouses during their registered marriage.

It is important to note that only legally registered marriages create marital property—cohabitation alone does not establish joint ownership.

Even if one spouse was not employed or engaged in an income-generating activity, they are still considered an equal co-owner of the property, as their contribution to the household is legally recognized.

Separate Property – What is Not Subject to Division?

Although assets acquired during a registered marriage are generally considered joint property, some categories of property remain separate and are not subject to division.

Assets that are not subject to division include:

• Property owned by one spouse before the marriage;
• Assets received as an inheritance or a gift;
• Personal belongings (except for valuable items purchased with joint funds);
• Professional equipment necessary for work (e.g., medical or musical instruments).

For instance, if one spouse inherited a residential property during the marriage, that property will remain their individual property after divorce and will not be subject to division.

How is Property Divided After Divorce?

Spouses have two legal options for property division:

1️⃣ By Mutual Agreement – If spouses can reach an agreement, they may document and formalize the division of property. This approach saves time and financial resources.

2️⃣ Through the Court – If no agreement is reached, the court determines how the property will be divided in accordance with Georgian law.

When the Court Decides on Property Division, It Considers:

✔️ Each spouse’s income and financial status;
✔️ The best interests of minor children (especially if one spouse retains custody);
✔️ The source of the property acquisition and each spouse’s contribution.

Important Factors to Consider Before Going to Court

Before initiating a court case, it is highly recommended to consult an experienced lawyer to:

✔️ Determine which property is subject to division and which is not;
✔️ Ensure proper documentation and accurate record-keeping of all assets;
✔️ Assess potential legal risks and explore alternative dispute resolution options.

At “KH & Partners”, our legal team provides comprehensive legal support, whether you seek an amicable settlement or need representation in court.

Why is Legal Consultation Essential?

Property disputes are often complex and time-consuming, making professional legal guidance essential.

Our experience shows that:
✅ Many spouses misunderstand property division rules, leading to incorrect decisions;
✅ Court disputes can take much longer than necessary without a clear legal strategy;
✅ Strong legal evidence and documentation are crucial for protecting your rights.

The legal team at “KH & Partners” will help strengthen your legal position and ensure a fair property distribution.

📞 Contact Us Today for Expert Legal Consultation!

If you have additional questions about property division after divorce, “KH & Partners” offers full legal support to help safeguard your financial and legal interests.

📲 Phone: +995 595 17 17 41
📩 Email: info@khlaws.com
🌍 Website: www.khlaws.com

Why Choose “KH & Partners”?

✔️ Years of experience in family, property, and business law;
✔️ Professional, results-driven approach tailored to your needs;
✔️ Customized legal strategies to ensure optimal outcomes;
✔️ Time and cost efficiency through negotiation and legal optimization.

🔹 Protect your rights and financial security with “KH & Partners”.