Cabinet Approves Amendment to Article 830 of the Civil Law by Adding Two New Clauses - Sarmad
The Cabinet approved an amendment to Article 830 of the Civil Law to protect partners in residential real estate.
Translated by Qiyas from سرمد — Original source
(KUNA) – The Council of Ministers, in its meeting today chaired by Prime Minister Sheikh Ahmad Abdullah Al-Ahmad Al-Sabah, approved a draft law-amending decree to amend Article 830 of the Civil Law issued by Law Decree No. 67 of 1980, by adding two new provisions so that its scope is limited to residential property co-owned in undivided shares, excluding other types of jointly owned assets.
In a statement following the meeting, the Council said the amendment grants the court the authority to order the continuation of co-ownership for a specified period to protect a partner who has no other shelter, and allows the remaining partners to acquire the share of the partner seeking partition at its fair market value, as an alternative to selling the property at a public auction when physical division is not feasible.
It added that the draft law-amending decree seeks to balance the partner’s right to exit the co-ownership and receive the fair value of his share, with the interest of the other partners in retaining their residential property and protecting the party who has no other shelter.
It clarified that remaining in co-ownership is a temporary exception subject to two conditions and can be terminated upon the disappearance of those conditions. It also permitted acquisition as an alternative to auction, under regulations that ensure the seriousness of the request, prevent prolonging litigation, and preserve established positions by not affecting rulings on awarded auctions.
It pointed out that the main axes of the draft law-amending decree include:
– The scope and subject matter of the amendment.
– The court’s authority to order continuation of co-ownership.
– The conditions for ordering continuation of co-ownership.
– Acquisition of the partition-seeking partner’s share at fair market value.
– Provisions on multiple applicants for acquisition and deposit.
– The effect of failing to make the deposit within the specified time limit.
– The temporal scope of application and the rule on established positions.
The Council of Ministers referred the draft law-amending decree to His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, may God protect and safeguard him.
