Common Debts of the Spouses and the Rule of Their Division
Divorce and the division of property often raise the question of how the debts accumulated during the marriage are shared. The Civil Code of Georgia resolves this issue clearly: common debts of the spouses are divided between them proportionally to the share each holds in the common property. The division of the debt is thus directly linked to the shares the spouses have in the joint estate — the larger a spouse’s share in the property, the larger the part of the common debt that spouse bears. For this reason, correctly establishing the composition of the common property and the shares is the foundation of any debt-division case.
In practical terms, the matter always begins with an audit: it must be established when each obligation arose, who was its party and what became of what was received under it. This information determines whether the debt is common at all and who bears responsibility for it. The documentary trail — contracts, payments, account records — is precisely the support without which the court can establish neither the character of the debt nor the direction of its use.
The Personal Debt of One Spouse and How It Is Collected
The fate of a debt owed by only one spouse is resolved differently: to cover such a debt, enforcement may be directed against that spouse’s own property and/or against their share in the co-ownership — the share they would receive in the event of a division of the property. The other spouse’s share is therefore protected in principle: a creditor may only reach what belongs to the debtor spouse. This guarantee is especially important where one spouse is engaged in active financial dealings and their obligations grow substantially during the marriage.
When Collection from the Common Property Is Possible
Despite the personal character of such a debt, the law establishes two exceptions. First: enforcement against the spouses’ common property on account of these debts is possible where the court establishes that what was received under the obligation was used for the common interests of the whole family. Second: where damage caused by the crime of one spouse is to be compensated, collection from the spouses’ co-ownership is possible only if it is established by judgment that the property was acquired with funds received as a result of the commission of the crime. In both cases the outcome depends on the court’s findings, so preparing the evidence — documents showing the destination of what was received under the obligation, or the source from which the property was acquired — is decisive.
Protecting the Position of the Creditor and of the Other Spouse
These norms matter to both sides. For a creditor — in enforcement proceedings, where it is necessary to prove that the means received under the obligation were applied to the common interests of the family, so that the claim also reaches the common property. For the other spouse — where it is necessary to defend their own share from the personal debts of the second spouse or from damage caused by that spouse’s crime. In both scenarios, success depends on how convincingly the factual circumstances are presented to the court, and this is precisely where the support of an experienced advocate proves decisive.
Frequently Asked Questions
Below we answer the questions we hear most often on this topic.
How are the common debts of the spouses divided?
Common debts of the spouses are divided between them proportionally to the share each holds in the common property — the division of the debt follows the shares in the estate.
Can one spouse’s debt be collected from the common property?
Only in a defined case: where the court establishes that what was received under the obligation was used for the common interests of the whole family. Where damage was caused by a crime, only if a judgment establishes that the property was acquired with funds received as a result of the crime.
How do I protect my share from the other spouse’s personal debts?
A personal debt is covered only from the debtor spouse’s own property and their share. If a creditor nevertheless targets the common property, the circumstances serving as the basis for that must be refuted in court — legal support in this dispute is essential.
What role do the shares play in the division of debts?
The shares determine the proportion: the larger a spouse’s share in the common property, the larger the part of the common debt that spouse bears. A debt-division case therefore always begins with establishing the composition of the estate and the shares.
How We Help on Legal.ge
The advocates of Legal.ge assist in any dispute connected with the debts of spouses: we determine which debt is common and which is personal, prepare the claim for the division of debts, defend your share against the claims of creditors and, conversely, help a creditor extend the claim to the common property where a statutory basis exists. Meet us in the office or online — book a consultation and receive an assessment of your case.