Al-Sameet: Civil Code Amendment Supports Family Stability

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, 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-Samait on the occasion of 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 explained that the amendment addresses the potential loss of a partner’s sole residence, such as that of 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 further elaborated that the amendment grants the court the authority to postpone the partition of a residential property for a period determined by the court, 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 specified that this protection is conditional upon the continued existence of the grounds for it; any partner may request the termination of the postponement once those grounds 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 other partners. He noted that the amendment allows the remaining partners, during the proceedings of a partition lawsuit, to acquire the share of the partner requesting partition against 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 partition in a manner that considers the needs of those residing in the property and preserves the financial rights of the other partners. He added, “We want to protect everyone’s rights and ensure that fathers, mothers, or children receive legal protection against losing their sole home, while guaranteeing the rights of the other heirs and partners.”

The Cabinet 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 held in co-ownership, excluding other jointly owned assets. Additionally, on October 19, Law Decree No. 121 of 2026 amending Article 830 of the Civil Law issued by Law Decree No. 67 of 1980 was issued. This amendment adds two new clauses and limits its scope to residential properties held in co-ownership, excluding other jointly owned assets, aiming to achieve a balance between the partners’ rights to partition their residential property and humanitarian and social considerations.