Justice Minister: Civil Code Amendment Implements High Directives and Protects Family Home and Partners' Rights
The Cabinet approved amendments to Article 830 of the Civil Code to protect family stability and the rights of partners in residential properties.
Translated by Qiyas from كونا — Original source
Kuwait, Oct 6 (KUNA) -- Justice Minister and Legal Advisor Nasser Al-Sameet said that the Cabinet’s approval, at its meeting, of a draft law decree amending Article 830 of the Civil Code implements the high directives of His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, may God protect and guard him, and reflects the keenness to safeguard family and residential stability and to protect the financial rights of partners in real estate.
In a press statement on Tuesday, Legal Advisor Al-Sameet added that the amendment addresses the social repercussions that may arise from the partition of residential properties and their sale by public auction, particularly when the property is the family home and the sole shelter for a father, mother, or one of the children, 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 partners, the authority to order the continuation of co-ownership for a specified period, provided it is established that the property is the partner’s sole residence and their funds are insufficient 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 pointed out that this protection is temporary and contingent on the continued existence of the underlying reasons, and any of the partners may request its termination once it is established that either of the two conditions has ceased, thereby balancing the partner’s need for housing with the rights of the other partners.
He further explained that the amendment also allows partners, during the proceedings of a partition lawsuit, to request acquiring the share of the party seeking partition in exchange for a value assessed by an expert appointed by the court. This enables the requesting partner to receive fair compensation for their share while allowing the remaining partners to retain their residential property instead of having it sold at public auction.
He noted that the amendment establishes clear regulations for depositing the share’s value in the court’s treasury within a specified timeframe, and addresses issues of multiple ownership requests and failure to deposit funds, ensuring the seriousness of requests and the swift resolution of procedures.
The Minister of Justice emphasized that the family home holds value beyond its monetary worth; it is where children grew up, where the family gathered, and where memories are tied. Hence, the importance of providing legal solutions that respect this value and preserve each partner’s rights. (End) N.S. / N.W.F.
