Co-ownership in Georgian law: one thing, several owners
Co-ownership (თანასაკუთრება) is ownership of a single thing, such as a flat, by two or more persons at the same time. The Civil Code of Georgia calls it common property (საერთო საკუთრება) and recognises two forms in Article 173(1): joint (თანაზიარი) and shared, or in shares (წილადი). In the Code's words, "Common (joint and shared) property shall arise by operation of law or on the grounds of a transaction".
A transaction creates co-ownership when two friends or a parent and child sign one purchase contract. The law creates it without any signature when a married couple acquires a flat during the marriage (Article 1158), when heirs inherit together, and when anyone buys a flat in an apartment block, because every flat comes with a share of the building's common parts.
Article 173(1) also sets the outward rule: each co-owner may assert claims against third persons, but may recover the thing "only in favour of all co-owners". One co-owner can act against an outsider alone, yet whatever is recovered belongs to all of them. Foreign buyers should not read their home-country categories into the Georgian pair: in the Code, "joint" is the form without fixed fractions, typical of spouses, and "shared" is the form with defined shares that each owner can sell.
Two places in the Code: Article 173 and Articles 953 to 968
The Civil Code treats co-ownership twice. Article 173, in the property book, says what common property is. The detailed rules between the owners sit much later, in Articles 953 to 968, straight after the contract chapters, under the English heading "Section Two Statutory Obligations, Chapter One Co-ownership". Georgian law thus treats co-ownership as a legal relationship between "part owners", not only as a right in a thing. Article 953 makes that chapter apply whenever "a number of persons are jointly entitled to a right", unless the law provides otherwise. A Tbilisi State University law journal article by M. Bichia notes that Article 173 is the Code's only specific property-law provision on shared ownership; we read that article only in summary.
| Article | What it settles |
|---|---|
| 173(1) | Joint and shared forms; claims against third persons |
| 173(2) | With everyone's agreement, the thing may be pledged or encumbered in favour of one co-owner |
| 173(4) | Since 2019, a pre-emptive right to buy a share exists only where a law provides it directly, or where the co-owners agree it |
| 953 to 960 | Shares, fruits, management, votes and costs between part owners |
| 961 to 968 | Ending co-ownership: division, sale, debts, defects, limitation |
| 1158 to 1168 | Matrimonial property of spouses |
The day-to-day rules, from equal shares by default to majority votes and the sale of a share, are explained with examples in our guide to joint ownership. On security in favour of one co-owner under Article 173(2), see our pledge entry.
How co-ownership ends: division, lots, auction
Any part owner may ask to end co-ownership, and Article 968 adds that a claim to cancel it "shall not be subject to a period of limitations". What happens next depends on whether the thing can be split.
| Situation | Rule | Article |
|---|---|---|
| The thing can be divided in kind | "Equal shares shall be distributed among the part owners by drawing lots" | 963 |
| Division in kind is impossible | Sale and division of the proceeds; for a land plot, the compulsory auction rules | 964(1) |
| Sale to outsiders is inadmissible | Auction among the part owners only | 964(1) |
| The sale fails | Any part owner may demand a repeat auction, at the risk of bearing its cost | 964(2) |
| The thing goes to one part owner | Each of the others answers pro rata "in the same manner as a seller" for legal or material defects | 967 |
| Joint debts exist | They can be paid out of the common thing on cancellation | 965 |
| One part owner owes another | The claim can be satisfied out of the debtor's part of the common property | 966 |
| A part owner dies | An agreement excluding cancellation for a period ends, unless agreed otherwise | 962 |
For a flat, the drawing of lots rarely helps, because one apartment cannot usually be turned into two equal ones; the realistic ends are a buy-out by one owner or a sale. Article 967 matters in a buy-out: the owner who takes the whole flat can hold the others liable, each for their share, as if they had sold it, for instance if a legal defect such as a third person's right comes to light.
Death changes the picture too. Under Article 1328(2) the estate includes the deceased's share in common property or, if it cannot be divided in kind, its value, so heirs step into the co-ownership. Our inheritance entry covers how they accept it.
Who pays the upkeep: two articles, two wordings
On the cost of keeping a commonly owned thing, the English text of the Civil Code contains two provisions that read differently:
- Article 173(3): maintenance expenses are borne "equally by the co-owners, unless otherwise provided by law or contract".
- Article 960: each part owner answers for expenses "pro rata to his/her share".
With equal shares the two wordings give the same result; with unequal shares they do not. We could not confirm how Georgian courts or commentators reconcile the two provisions, so we do not choose between them here. If your shares are unequal, ask a Georgian lawyer which rule applies to your case, and consider writing the cost split into the co-ownership agreement, since Article 173(3) itself yields to a contract.
How co-ownership appears on contracts and extracts
- The purchase contract. Every buyer is named, and unequal shares are written as a fraction or percentage, such as "1/2" or "70%". If the sale and purchase agreement is silent, Article 954 presumes equal shares.
- The registry extract. The form-of-ownership line shows whether one person or several own the flat and lists each co-owner; our registry extract entry shows where it sits. We could not confirm the exact Georgian labels the extract prints, or how it writes the fractions.
- Encumbrance entries. A registered pre-emption right of a co-owner can appear as an entry, as our guide to encumbrances notes.
- Homeowners' association papers. By default the association votes one vote per flat (Law on Homeowners' Associations, Article 28), so co-owners of one flat speak with one voice at the meeting.
Spouses are the main exception. Property acquired during the marriage is common property of both spouses even if only one spouse appears on the extract, unless a marriage contract provides otherwise (Article 1158); what one spouse inherits or receives as a gift stays individual (Article 1161), so the document alone does not show every co-owner.
Worked example: two friends, one flat, unequal money
This is our illustration with round figures, not a real case. Two friends buy an 80 m² flat for USD 160,000. A pays USD 112,000 and B pays USD 48,000.
- Shares. If the contract were silent, each friend would hold 1/2 (Article 954), whatever each paid. They therefore write 70/30 into the contract, and the steps below assume that split.
- Rent. A rent of USD 800 a month splits USD 560 and USD 240 (Article 955).
- A USD 1,000 roof levy. Read under Article 960, it splits USD 700 and USD 300; read under Article 173(3), equally, USD 500 each. The friends should have a lawyer confirm which applies, or settle it in writing.
- B wants out. B offers the 30% share to A first, which matters only if their agreement gives A a pre-emptive right; since a 2019 amendment, Articles 173(4) and 959 no longer grant one by default. If A declines and no buyer is agreed, B may demand cancellation at any time, with no limitation period (Articles 961 and 968).
- The end. One flat cannot become two equal flats, so it is sold and the proceeds are split 70/30 (Article 964).
Co-ownership and its neighbours
| Term | What it is | Shares |
|---|---|---|
| Shared co-ownership (წილადი) | Several owners of one flat, by contract, inheritance or gift | Defined fractions; each may sell its own share (Art. 959) |
| Joint matrimonial property (თანაზიარი) | Spouses' property acquired during marriage (Art. 1158) | No fixed fractions until division; equal by default (Art. 1168) |
| Common property of a building | Plot, structures, roof and lifts shared by all flat owners | Own area divided by the total area of individually owned spaces (HOA law Art. 5(3)); a flat cannot be sold or mortgaged apart from it (Art. 6) |
| Partnership (ამხანაგობა, Art. 930) | A contract to act jointly "without creating a legal person" | Contributions become common property of the partners, unless the contract provides otherwise (Art. 932(3)) |
The last row needs care, because the same Georgian word ამხანაგობა also names the homeowners' association of a building. A partnership is a business or other joint venture; owning a flat together does not make two people partners.
Co-ownership in five languages
| Language | Everyday term | Legal wording |
|---|---|---|
| Georgian | თანასაკუთრება | საერთო საკუთრება (წილადი / თანაზიარი) |
| English | co-ownership | common property (shared / joint) |
| Russian | общая собственность | долевая / совместная собственность |
| Hebrew | בעלות משותפת | שיתוף במקרקעין |
| Arabic | الملكية المشتركة | الشيوع |
Legal drafting follows the Civil Code's საერთო საკუთრება, with წილადი or თანაზიარი for the form, while თანასაკუთრება is the shorter word people use in speech and searches.
Warning signs when buying with someone else
- No shares in the contract although the buyers paid different amounts. The law then presumes halves.
- Assuming the extract lists every owner. A spouse can be a co-owner of property acquired in marriage without being registered.
- Assuming a share can be bought without checking the co-owners' agreement. Since 2019 the Code gives no pre-emptive right by default, but an agreement between the owners can create one, so ask to see it.
- Counting on a time limit. A co-owner's demand to end co-ownership never expires (Article 968).
- Leaving the cost split unwritten while Articles 173(3) and 960 read differently.
- Treating the building's common parts as optional. A flat cannot be sold or mortgaged without its share of them.
To be added by the team: scans for the team to add: a redacted registry extract of a flat with two co-owners, showing how the form of ownership and the shares are printed, and the share clause of a redacted purchase contract with unequal shares. A redacted co-ownership agreement with a cost-sharing clause would also help.
How to set up co-ownership of a flat
Agree the shares
Match them to what each person pays.
Write them into the contract
As fractions or percentages, for every buyer.
Settle costs in writing
Who pays upkeep, levies and repairs.
Plan the exit
Buy-out terms and how a sale is agreed.
Check marital status
A spouse may co-own without being named.
Read the new extract
Confirm every owner and share is registered.
Frequently asked questions
What does co-ownership mean in Georgia?
Two or more persons own one thing at once. The Civil Code calls it common property, joint or shared (Article 173(1)).
What is the difference between joint and shared ownership?
Shared owners hold defined fractions they can sell; joint owners, typically spouses, have no fixed fractions until division.
What shares apply if the contract says nothing?
Equal shares (Article 954).
Can one co-owner force the sale of the flat?
A co-owner may demand cancellation; if the flat cannot be divided in kind, it is sold and the proceeds split (Article 964).
Is there a deadline to end co-ownership?
No. The claim is not subject to a limitation period (Article 968).
Do co-owners split costs equally or by share?
Article 173(3) says equally unless law or contract provides otherwise; Article 960 says pro rata. Ask a lawyer and write the split down.
What happens to a share when a co-owner dies?
It forms part of the estate (Article 1328(2)), and the heirs step into the co-ownership.
Do I co-own the building as well as my flat?
Yes, a share of the common property, calculated by area (Law on Homeowners' Associations, Article 5(3)).
Sources
- Civil Code of Georgia, Art. 173, common property, Matsne (accessed 28 October 2026)
- Civil Code of Georgia, Georgian text, original 1997 version, Art. 173(1), Matsne (accessed 28 October 2026)
- Civil Code of Georgia, Arts. 953 to 968, co-ownership, Matsne (accessed 28 October 2026)
- Civil Code of Georgia, Arts. 930 and 932, partnership, Matsne (accessed 28 October 2026)
- Civil Code of Georgia, Arts. 1158, 1161 and 1168, matrimonial property, Matsne (accessed 11 October 2026)
- Civil Code of Georgia, Art. 1328, the estate, Matsne (accessed 28 October 2026)
- Law of Georgia on Homeowners' Associations, No 5277, Arts. 5, 6 and 28, Matsne (accessed 28 October 2026)
- Article on shared ownership by M. Bichia, Journal of Law, Tbilisi State University (accessed 28 October 2026)
Change log
- - Glossary entry published from the Civil Code of Georgia, the Law on Homeowners' Associations and the Journal of Law of Tbilisi State University.