Property Rights and Duties of De Facto Spouses
Keywords:De facto spouses, de facto family cohabitation outside of marriage, property rights and obligations, expenses incurred during the cohabitation, property acquired during the cohabitation, use of each other's property by de facto spouses, use of housing, legal basis for receiving material support, inheritance.
According to the Article 1151 of the Civil Code of Georgia, the personal and property rights and duties of spouses arise only from a marriage registered in accordance with the legislation of Georgia. Nevertheless, there are frequent cases of de facto family cohabitation outside of marriage between men and women, which, due to the legal ignorance of its consequences, usually causes damage to the property interests of the parties to the relationship. The purpose of the present study is to identify and legally assess the problematic aspects of the property rights and duties of de facto spouses. In particular: the social/legal nature of expenses incurred during the de facto family cohabitation outside of marriage; Issues related to determination of ownership regime of the property acquired during the de facto relationship; Problems arising from de facto spouses' use of each other's property; Legal basis for material support of the parties from each other and inheritance tendencies.
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