Minister of Justice: Civil Code Amendment Supports Family Stability and Protects Rights of Heirs and Partners

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

This statement was made by Minister Al-Samait in an interview with the Kuwait News Agency (KUNA) on Sunday, coinciding with the publication of Law Decree No. 121 of 2026 amending Article 830 of the Civil Law, issued by Law Decree No. (67) of 1980, in the Official Gazette (Kuwait Today).

Minister Al-Samait noted that the amendment addresses the potential loss of a partner’s sole residence—such as a father, mother, or child—resulting from the partition or auction sale of a residential property. He clarified that this protection applies 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 determined by the court, upon request by 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, to preserve 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 requesting the 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.

He emphasized that the amendment does not affect the legal 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 everyone and provide fathers, mothers, or children with legal protection against the loss of their sole residence, while guaranteeing the rights of other heirs and partners.”

The Council of Ministers approved, on October 6 during its meeting, a draft law decree amending Article (830) of the Civil Law issued by Law Decree No. 67 of 1980, by adding two new clauses, thereby limiting its scope to residential properties owned in co-ownership, excluding other types of jointly owned assets.

Additionally, on October 19, Law Decree No. (121 of 2026) was issued amending Article (830) of the Civil Law issued by Law Decree No. (67) of 1980.

This amendment adds two new clauses and limits its scope to residential properties owned in co-ownership, excluding other jointly owned assets, with the aim of achieving a balance between the partners’ rights to partition their residential property and humanitarian and social considerations.