Al-Samit: Implementing High Directives... Amending the Civil Code to Protect the Family Home and Safeguard Partners' Rights
- The amendment addresses the social repercussions that may arise from partitioning residential properties and selling them at public auction
Justice Minister and Advisor Nasser Yousef Al-Samit affirmed that the Cabinet’s approval today of a draft decree-law 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. It reflects a commitment to safeguarding family and housing stability and protecting the financial rights of co-owners of real estate.
Al-Samit stated that the amendment addresses the social consequences that may result from partitioning residential properties and selling them at 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 empowers the court, upon the request of one of the co-owners, to order the continuation of co-ownership for a specified period, provided it is established that the property is the requester’s only residence and their funds are insufficient to buy a suitable alternative residential property. This decision takes into account the individual’s family, social, and financial circumstances, and allows them time to arrange their affairs.
He added that this protection is temporary and contingent on the continued existence of the underlying conditions. Any co-owner may request its termination once it is established that either of the conditions has ceased to exist, thereby balancing the co-owner’s need for housing with the rights of the other co-owners.
Al-Samit explained that the amendment also allows co-owners, during the proceedings for partition, to request acquiring the partitioning party’s share in exchange for a value assessed by an expert appointed by the court. This enables the partitioning party to receive fair compensation for their share while allowing the other co-owners 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 into the court’s treasury within a specified timeframe, and addresses issues such as multiple acquisition requests and failure to deposit funds, ensuring the seriousness of requests and the expeditious resolution of procedures.
Al-Samit emphasized that the family home holds value beyond its monetary worth; it is the place where children grew up, where the family gathered, and where memories are anchored. Hence, it is crucial to provide legal solutions that respect this value and preserve each co-owner’s rights.
