Minister of Justice: Civil Code Amendments Support Family Stability and Protect Rights of Heirs and Partners

Justice Minister and Legal Advisor Nasser Al-Sumeit stated that the amendment of certain provisions of the Civil Law was implemented in accordance with the high directives of His Highness the Amir, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, aimed at supporting the stability of the Kuwaiti family, safeguarding its integrity, and achieving a balance between protecting the family home and preserving the rights of heirs and partners.

This statement was made by Minister Al-Sumeit in an interview with KUNA on the occasion of the publication of Law Decree No. 121 of 2026, which amended Article 830 of the Civil Law issued by Law Decree No. (67) of 1980, in the Official Gazette (Kuwait Today).

Minister Al-Sumeit noted that the amendment addresses the potential loss of a partner’s sole residence—such as that of a father, mother, or child—that may result from the partition or auction sale of a residential property. He clarified that the protection extends to any partner who meets the legal conditions.

He explained that the amendment grants the court the authority to postpone the partition of a residential property for a period it deems appropriate, upon the request of one of the partners, provided it is established that the property is their sole residence and their funds are insufficient to purchase a suitable alternative home, taking into account the family and social circumstances of each case.

He further indicated that this protection is conditional upon the continued existence of the underlying reasons; any partner may request the termination of the postponement once those reasons cease to exist, with the court retaining the authority to determine fair compensation for the right of use, if the circumstances of the case so require, in order to safeguard the rights of the remaining partners.

He added that the amendment allows the other partners, during the proceedings of the partition lawsuit, to acquire the share of the partner who filed for partition, in exchange for its value, which is assessed with the assistance of an expert appointed by the court in accordance with legal regulations. This enables the requesting partner to exit the co-ownership and receive the value of their share, while keeping the property in the ownership of the remaining partners.

Minister Al-Sumeit emphasized that the amendment does not affect the statutory shares of heirs or the ownership rights of partners, but rather regulates the partition process in a manner that considers the needs of the person residing in the property and preserves the financial rights of the other partners. He added, “We want to ensure the rights of all parties and provide fathers, mothers, or children with legal protection against losing their sole residence, while guaranteeing the rights of the other heirs and partners.”