Under Georgian law, assets acquired by spouses during the course of a marriage are treated as jointly owned matrimonial property by default, regardless of which spouse holds title or generated the income. This default regime applies to foreign nationals residing or holding assets in Georgia, and it carries direct consequences for wealth structuring, company ownership, and succession planning.
The legal framework derives from Georgia's Civil Code, which establishes that all property acquired through the joint efforts of spouses during marriage constitutes their common joint property. Pre-marital assets, gifts received by one spouse individually, and inherited property are generally excluded from this default pool and remain the separate property of the recipient spouse. The division of jointly held assets on dissolution of the marriage is ordinarily equal, subject to court discretion in cases where the interests of minor children or other equitable considerations apply.
Georgian law permits spouses to depart from the default regime by entering into a marriage contract — the Georgian equivalent of a prenuptial or postnuptial agreement — which may define separate property arrangements, specify how particular assets are to be treated, or regulate the division of assets in the event of separation. Such agreements must be notarised and, for registered real estate or other registrable assets, are subject to additional formality. For foreign nationals acquiring property or establishing business structures in Georgia, an absence of such a contract means that a spouse's co-ownership interest may attach to assets the investor considers personally held.
For foreign investors, HNWI advisers, and family offices structuring assets in Georgia, the practical implication is significant: company shares, real estate, and investment accounts acquired during marriage may be subject to a co-ownership claim on dissolution, and this exposure is frequently overlooked in standard cross-border structuring work. Early advice on the matrimonial property regime — and, where appropriate, a properly structured marriage contract or holding arrangement — can materially reduce this exposure.
If you are advising a client with Georgian assets or considering structuring that involves property ownership in Georgia, make an enquiry: info@vetrovpartners.com | WhatsApp / Telegram: +7 (983) 510-38-76
— Nino Beridze Contributing Regional Analyst — Georgia, Vetrov & Partners vetrovpartners.com/contributions/
Nino Beridze advises on Georgian business law, relocation structuring, and tax matters. She contributes Georgia-jurisdiction analysis to Vetrov & Partners' international practice, supporting the firm's foreign-client advisory work in the South Caucasus.
This publication is provided for informational purposes only and does not constitute legal advice under Russian or any other applicable law. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Vetrov & Partners is a Russian-qualified law firm. For matters governed by foreign law or requiring local admission in another jurisdiction, we collaborate with trusted counsel in the relevant jurisdiction. For advice regarding your particular situation, please contact info@vetrovpartners.com.