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

Justice Minister, Advisor Nasser Al-Sumait 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 the State, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, may God protect and support him, 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 was stated in a statement given by Minister Al-Sumait to the Kuwait News Agency (KUNA) today, Sunday, 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 Al-Yaum).

Minister Al-Sumait explained that the amendment addresses the potential loss of a partner’s only residence, such as a father, mother, or child, resulting from the partition or auction sale of residential real estate, noting that the protection extends to any partner who meets the legal conditions. He clarified that the amendment grants the court the authority to postpone the partition of residential real estate for a period determined by the court upon the request of one of the partners, provided it is established that the property is their only 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 explained that this protection is conditional on the continued existence of the underlying reasons; any partner has the right to request the termination of the postponement once those reasons cease to exist, with the court having the authority to determine fair compensation for the right of use if the circumstances of the case so require, in order to preserve the rights of the remaining partners.

He added that the amendment allows the other partners, during the consideration of the partition lawsuit, to acquire the share of the partner requesting 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 the property remains in the ownership of the other 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 enable fathers, mothers, or children to receive legal protection against losing their only home, while guaranteeing the rights of the remaining 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 provisions, limiting its scope to residential real estate held in co-ownership, excluding other co-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 provisions and limits its scope to residential real estate held in co-ownership, excluding other co-owned assets, aiming to achieve a balance between the partners' rights to partition their residential property and humanitarian and social considerations.