Al-Sameet: Civil Code amendments to protect family stability and safeguard partners' rights, in line with His Highness's directives

Justice Minister and Advisor Nasser Al-Sameet confirmed that the Cabinet’s approval of the draft decree-law amending Article 830 of the Civil Code implements the high directives of His Highness the Amir, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, and reflects a commitment to safeguarding family and housing stability, as well as protecting the financial rights of co-owners of real estate.

Al-Sameet stated that the amendment addresses the social repercussions that may arise from partitioning residential properties and selling them at public auction, particularly when the property is the family home and the sole shelter for a father, mother, or child, and their funds are insufficient to purchase a suitable alternative residence.

He clarified that the amendment grants the court, upon the request of one of the co-owners, the authority to order the continuation of co-ownership for a period it determines, provided it is established that the property is the individual’s only residence and their funds are inadequate to buy a suitable alternative residential property, taking into account their family, social, and financial circumstances and allowing them time to arrange their affairs.

He added that this protection is temporary and contingent on the continued existence of the underlying reasons, and any co-owner may request its termination once it is proven that either of the two conditions has ceased to exist, thereby balancing the co-owner’s need for housing with the rights of the other co-owners.

Al-Sameet noted that the amendment also allows co-owners, during the proceedings for partition, to request acquiring the share of the party seeking partition in exchange for a value assessed by an expert appointed by the court, enabling that party to receive fair compensation for their share while allowing the remaining co-owners to retain their residential property rather than having it sold at public auction.

He pointed out that the amendment establishes clear regulations for depositing the value of the share into the court’s treasury within the specified timeframe, and addresses issues of multiple ownership requests and failure to deposit, ensuring the seriousness of requests and the swift resolution of procedures.

Al-Sameet emphasized that the family home holds value beyond its monetary worth; it is the place where children grew up, where the family gathered, and where memories are anchored. Hence, it is crucial to provide legal solutions that respect this value and preserve each co-owner’s rights.