Short answer
One spouse’s debt does not automatically become a debt against all the other’s property. Relevant factors include the debtor’s own assets, their joint-property share, family use of funds and separate security.
Practical example
The other spouse mortgages their own apartment for someone else’s loan. The risk stems from their security transaction, not merely the marriage.
What to do
Identify borrowers, co-borrowers, guarantors and mortgage owners. Gather evidence showing the origin of separate property.
Points to consider
Dividing or transferring joint property is not invariably a lawful defence against creditors.
Legal basis
Civil Code of Georgia, Articles 1170, 1161. Current text: https://matsne.gov.ge/ka/document/view/31702
Information checked on 28 October 2026. The outcome depends on the documents and facts of the individual case.
Consult YURFIRMA to assess your documents and the appropriate legal route: https://yurfirma.ge/en/kontakty
This is general information and does not replace a legal assessment of your specific case. The current law and the relevant facts are checked again when you seek advice.
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