Can a gifted apartment be taken back?
Changing your mind after a gift is not enough to recover an apartment.
Read the answer →
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Civil law — questions and answers
250 practical questions about property, family, contracts and inheritance under Georgian law. Choose a topic or search for your question.
Found: 250 articles
Can a parent reclaim property gifted to their child?
A gift between parent and child genuinely transfers ownership.
Read the answer →Can a gift be revoked for ingratitude?
The Civil Code permits revocation for serious insult or gross ingratitude towards the donor or a close relative.
Read the answer →What if a donor is left without means of support after a gift?
Recovery may be considered if the donor can no longer support themselves or their dependants after the gift.
Read the answer →Can you gift an apartment while retaining the right to live there?
Ownership can be transferred while reserving a separate right of use for the donor.
Read the answer →Can property be gifted subject to a condition?
The validity of a gift may depend on fulfilling a condition or achieving a purpose.
Read the answer →Can an apartment gifted to a spouse be reclaimed after divorce?
Divorce does not itself revoke a gift to a spouse.
Read the answer →Can a gift be challenged after the donor’s death?
The donor’s death does not undo a completed gift.
Read the answer →What if a gifted apartment has already been sold?
A later sale complicates recovery.
Read the answer →Can an apartment be gifted to a minor?
A child may own an apartment.
Read the answer →Can you gift your share without another co-owner’s consent?
A shared owner can generally dispose of their own share; the whole property is disposed of jointly.
Read the answer →Can a mortgaged apartment be gifted?
A gift does not extinguish a mortgage.
Read the answer →What is the difference between a gift and a will?
A gift transfers ownership during life, with proper registration for immovable property.
Read the answer →What if you bought an apartment but documented it as a gift?
Where a gift conceals a paid transaction, the parties’ true intention and the concealed transaction’s mandatory requirements must be assessed.
Read the answer →Can a promise to make a gift be enforced?
A gift promise creates an obligation when made in writing.
Read the answer →What should you check before buying an apartment?
Inspecting an apartment and checking the owner’s ID is not a complete review.
Read the answer →When does a buyer become the owner of an apartment?
Acquiring immovable property by transaction requires a written agreement and Public Registry registration in the buyer’s name.
Read the answer →Can you buy an apartment without the owner attending?
A properly authorised representative may sell an apartment.
Read the answer →How can you protect an advance payment for an apartment?
An advance payment creates risk if registration or handover is postponed.
Read the answer →Can you buy an apartment in instalments from a private seller?
The parties may agree to staged payment.
Read the answer →What if the buyer does not pay the remaining apartment price?
Paying the price is a buyer’s core obligation.
Read the answer →What if the seller does not hand over an apartment you have paid for?
A sale involves not only registration but also delivery of the property.
Read the answer →Can a sold apartment be recovered?
Recovery may follow a new agreement, invalidity of the transaction or lawful withdrawal.
Read the answer →Can an apartment purchase be terminated for hidden defects?
A defect does not always trigger automatic termination.
Read the answer →Complete contents by topic
Gifts
- Can a gifted apartment be taken back?
- Can a parent reclaim property gifted to their child?
- Can a gift be revoked for ingratitude?
- What if a donor is left without means of support after a gift?
- Can you gift an apartment while retaining the right to live there?
- Can property be gifted subject to a condition?
- Can an apartment gifted to a spouse be reclaimed after divorce?
- Can a gift be challenged after the donor’s death?
- What if a gifted apartment has already been sold?
- Can an apartment be gifted to a minor?
- Can you gift your share without another co-owner’s consent?
- Can a mortgaged apartment be gifted?
- What is the difference between a gift and a will?
- What if you bought an apartment but documented it as a gift?
- Can a promise to make a gift be enforced?
Property purchases and sales
- What should you check before buying an apartment?
- When does a buyer become the owner of an apartment?
- Can you buy an apartment without the owner attending?
- How can you protect an advance payment for an apartment?
- Can you buy an apartment in instalments from a private seller?
- What if the buyer does not pay the remaining apartment price?
- What if the seller does not hand over an apartment you have paid for?
- Can a sold apartment be recovered?
- Can an apartment purchase be terminated for hidden defects?
- Who is responsible for damage discovered in a purchased apartment?
- What if an apartment’s actual area differs from the agreement?
- What if a seller sells the same apartment to several buyers?
- Can you buy an apartment occupied by someone else?
- How should you buy an apartment if the seller stays temporarily?
- What should an apartment handover record include?
Off-plan property
- How can you protect yourself when buying an apartment under construction?
- What if the developer delays handing over the apartment?
- Can you recover money paid to a developer?
- Can an off-plan apartment agreement be transferred to someone else?
- How should the agreed handover condition be described?
- Who is liable for defects discovered after construction is completed?
- What if the developer changes the project without your consent?
- What if the apartment handed over differs from what was promised?
- What if construction stops?
- How can you protect yourself if a developer requires full payment upfront?
Ownership and the Public Registry
- Can ownership be proved without Public Registry registration?
- What if your property is registered in someone else’s name?
- How can an error in a property registry extract be corrected?
- What does an obligation recorded in an apartment extract mean?
- How does an owner differ from someone registered at the address?
- Can someone registered at an apartment claim ownership?
- Can long possession lead to ownership?
- How can you protect ownership when someone else possesses the property?
- Can property be recovered from a good-faith purchaser?
- What should you check in a Public Registry extract before a transaction?
Co-ownership
- Can a shared apartment be sold without one co-owner’s consent?
- Can you sell your apartment share separately?
- How can an apartment be divided if co-owners disagree?
- Can a co-owner be barred from using the apartment?
- Who pays for repairs to shared property?
- Can one co-owner let the entire apartment?
- How is use of a shared apartment arranged?
- Can compensation be claimed if only one co-owner occupies the apartment?
- What if a shared apartment cannot be physically divided?
- Can division of shared ownership be sought years later?
Neighbours and common areas
- What should you do if water leaks from a neighbour’s apartment?
- Who must compensate for flooding damage?
- Can you require a neighbour to stop making noise?
- Can a neighbour incorporate a shared corridor into their apartment?
- Can you reserve a parking space in a shared courtyard for yourself?
- Who owns the roof of an apartment building?
- Who owns the basement of an apartment building?
- Can a shared wall be altered without the neighbour’s consent?
- Who is liable for damage originating in a common part of a building?
- What if a neighbour refuses access for essential repairs?
Land and easements
- What if a neighbour fences off part of your land?
- How can a land-boundary dispute be resolved?
- Can you require access across a neighbour’s land?
- What if your land has no access road?
- Can utility lines be installed across someone else’s land?
- Can a servitude over land be terminated?
- What should you check before buying land?
- Who owns a fence between two plots?
- What if a neighbour’s tree branches extend onto your land?
- Can part of a land plot be sold separately?
Residential rentals
- Is a written agreement needed to let an apartment?
- How can a landlord protect themselves when letting an apartment?
- How can a tenant protect an advance payment?
- Can a landlord raise the rent during the agreement?
- What if a tenant does not pay rent?
- Can a landlord evict a tenant without legal proceedings?
- Can the owner change the locks on a rented apartment?
- When must a tenant’s security deposit be returned?
- Can a deposit be withheld for ordinary wear and tear?
- Who pays for repairs to a rented apartment?
- Can a tenant sublet an apartment?
- Can an owner enter a rented apartment without arranging access?
- What happens if a rented apartment is sold?
- How can a tenancy be ended early?
- What should a rented apartment handover report contain?
Commercial leases
- How does rental differ from a lease?
- What should you check before renting commercial premises?
- Who owns improvements made by a tenant?
- Can repair costs be set off against rent?
- What if premises cannot be used for the agreed purpose?
- How can a business guard against unexpected termination of its premises contract?
- Can land be leased for a long term?
- Who is liable for damage to leased property?
- What if a lessee does not return property when the term ends?
- How should a commercial rent increase clause be drafted?
Loans and debts
- How can you lend money while protecting repayment?
- Can an oral loan be recovered?
- Is a bank transfer enough to prove a loan?
- What should a debt acknowledgment contain?
- Can WhatsApp messages support a debt claim?
- What if no loan repayment date was agreed?
- Can a loan be interest-free?
- How should loan interest be specified?
- Can a lender demand early repayment?
- How should repayment by instalments be documented?
- How can full debt repayment be proved?
- What happens if a debtor dies?
- What happens if the lender dies?
- Can you pay someone else’s debt and recover the money?
- Can a debt claim be assigned to another person?
Security for obligations
- How can a loan be secured by a mortgage over an apartment?
- Can you mortgage your apartment to secure someone else’s loan?
- What are the risks of buying a mortgaged apartment?
- Can several mortgages be registered over one apartment?
- What happens if a mortgage-secured loan is not repaid?
- How is a mortgage released after repayment?
- Can a mortgaged apartment be sold?
- How is a vehicle pledge created?
- What is the difference between a pledge and a mortgage?
- Can pledged property be sold?
Suretyship
Contracts
- Is an oral agreement legally effective?
- When must a contract be in writing?
- When does a contract require notarisation?
- Can a signed contract be terminated unilaterally?
- What if one contract term is invalid?
- What if a party cannot perform its contractual obligation?
- Can a contract be adapted after circumstances materially change?
- How is an ambiguous contract interpreted?
- Can an email agreement have legal effect?
Challenging transactions
Advance payments and earnest money
Contractual penalties
Performance of obligations
Powers of attorney
- Can an apartment be sold under a power of attorney?
- Can an agent transfer the principal’s property to themselves?
- Can one power of attorney appoint several agents?
- How can a power of attorney be revoked?
- How can you check whether a power of attorney remains valid?
- What if an agent exceeds their authority?
- Can property sold under a power of attorney be recovered?
- Can an agent delegate their authority?
- How does a power of attorney differ from a mandate agreement?
- What happens when the person granting a power of attorney dies?
- How do you issue a power of attorney for use abroad?
- Can a foreign-issued power of attorney be used for a transaction in Georgia?
- What should a banking power of attorney contain?
- How can you require an agent to hand over money received?
- How can you protect yourself when granting broad powers of attorney?
Inheritance
- Who inherits when there is no will?
- How do you accept an inheritance?
- What is the deadline for applying to a notary to accept an inheritance?
- What if you miss the inheritance acceptance deadline?
- How can actual acceptance of an inheritance be proved?
- Can you accept an inheritance from abroad?
- Can you refuse an inheritance?
- Can you accept only part of an inheritance?
- Do the deceased’s debts pass to heirs?
- How is an inheritance divided between several children?
- What rights does a surviving spouse have to joint property?
- What if one heir registers the entire estate in their name?
- Can an inheritance certificate be challenged?
- How do you inherit property that is not registered?
- Can an estate be divided by agreement?
- What happens if an heir dies before accepting an inheritance?
- How is the estate divided if a child died before the deceased?
- Can an unworthy heir be excluded?
- What if further estate property is discovered later?
- Who pays for maintaining estate property?
Wills
- How do you make a will?
- Can you leave all your property to just one child?
- Can you leave property by will to someone outside your family?
- Can a will be changed or revoked?
- What happens if there are several wills?
- Can a will be challenged?
- Who may be entitled to a compulsory inheritance share?
- How is a compulsory share calculated?
- Can a will grant another person a right to use an apartment?
- How does leaving property by will differ from gifting it during life?
- Can you make a will abroad?
- What if property named in a will is sold before death?
- Can an executor of a will be appointed?
- How is an obligation imposed by a will performed?
- Can a will require an heir to fulfil a condition?
Spouses’ property
- What property is jointly owned by spouses?
- Is an apartment acquired before marriage joint property?
- Does a spouse own part of an apartment gifted during marriage?
- Does a spouse own part of inherited property?
- Can an apartment registered to one spouse be divided?
- How is property divided on divorce?
- Can spouses divide property without divorcing?
- How are spouses’ joint debts divided?
- Can one spouse’s debt be enforced against the other’s property?
- How can a marital agreement protect your property?
- Can a marital agreement be signed after marriage?
- Can a marital agreement be changed or challenged?
- What if one spouse secretly sells joint property?
- How is a company interest acquired during marriage divided?
- What property rights exist for unmarried cohabitants?
Children and maintenance
- How is child maintenance calculated?
- Can child maintenance be claimed without a divorce?
- Can child maintenance be increased or reduced?
- Can a child maintenance agreement be notarised?
- How are a child’s additional expenses shared?
- How is a child’s residence decided after parents separate?
- What if the other parent restricts contact with your child?
- How is paternity established when parents are unmarried?
- Can an apartment owned by a child be sold?
- Can a parent use a child’s property to secure their own debt?