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Tbilisi Legal Aid Bureau

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With Assistance of Public Lawyer, IDP Woman Could Win Property Dispute

With effort of the LAS Tbilisi Bureau lawyer, Thea Kaulashvili, Nino K. who was an IDP from Abkhazia, could win the property dispute with her ex-husband.

The IDP woman addressed Legal Aid Service after her ex-husband - Lasha Sh. had a claim on the apartment which Nino K. received from the government as an internally displaced person. As Lasha Sh. asserted, the apartment was purchased on the basis of the privatization agreement in the period they lived together. Accordingly, he was a co-owner of the property and it should be divided equally between the spouses.

The public lawyer, Thea Kaulashvili did not agree with the lawsuit presented by Lasha Sh.. Despite the fact that the property was registered in the name of Nino K. during the period they were married, the lawyer explained that the privatization agreement was more of the nature of a gift agreement because the state gave the property to Nino K. as she was an IDP. That means that the property received by the way of the gift agreement is in a full, individual possession of the receiver. This left the lawsuit of Lasha Sh. ungrounded.

Finally, Tbilisi City Court fully shared the position of the lawyer, Thea Kaulashvili and did not satisfy the lawsuit of Lasha Sh.

It is worth to mention that by interpretation of the privatization agreement in this way, the court made unprecedented decision which makes results of the case more significant.