Cabinet Approves Amendment to Article 830 of the Civil Law
The Cabinet, chaired by the Prime Minister, approved the amendment of Article 830 of the Civil Law to protect partners in residential real estate owned in co-ownership.
Translated by Qiyas from كونا — Original source
Kuwait City, Oct 6 (KUNA) -- The Cabinet, in its meeting chaired today by Prime Minister Sheikh Ahmad Abdullah Al-Ahmad Al-Sabah, approved a draft law decree amending Article 830 of the Civil Law issued by Law Decree No. 67 of 1980, by adding two new paragraphs to restrict its scope to residential property held in co-ownership, excluding other types of jointly owned assets.
In a statement following the meeting, the Cabinet said the amendment grants the court the authority to order the continuation of co-ownership for a specified period to protect a partner who has no other residence, and allows the remaining partners to acquire the share of the partition applicant at its fair market value, instead of selling the property at a public auction when physical division is not feasible.
It added that the draft law decree seeks to balance the partner’s right to exit the co-ownership and receive the fair value of his share, with the interest of the other partners in retaining their residential property and protecting the party who has no alternative housing.
It clarified that remaining in co-ownership is a temporary exception subject to two conditions and can be terminated upon their disappearance. It also allows acquisition as an alternative to auction, under regulations that ensure the seriousness of the request, prevent prolonging litigation, and preserve established legal positions by not affecting rulings on the award of the auction.
It pointed out that the main axes of the draft law decree include:
- The scope and subject matter of the amendment.
- The court’s authority to order continuation of co-ownership.
- Conditions for ordering continuation of co-ownership.
- Acquiring the partition applicant’s share at fair market value.
- Provisions on multiple applicants for acquisition and deposit.
- The effect of failing to make the deposit within the specified period.
- The temporal scope of application and the ruling on established legal positions.
The Cabinet submitted the draft law decree to His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, may God protect and guard him. (End) A.M.H.
