Minister of Justice: Civil Code Amendment Implements High Directives and Protects Family Home and Partners' Rights - Sarmad
(KUNA) – Justice Minister and Advisor Nasser Al-Sameet stated that the Cabinet’s approval, during its meeting, of the draft decree-law amending Article 830 of the Civil Code is in implementation of 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 the keenness to protect family and residential stability and to safeguard the financial rights of partners in real estate.
Advisor Al-Sameet added in a press statement on Tuesday that the amendment addresses the social consequences that may arise from dividing 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 grants the court, upon the request of one of the partners, the authority to order the continuation of co-ownership for a specified period, provided it is established that the property is the partner’s sole residence and their funds are insufficient to purchase a suitable alternative residential property, taking into account their family, social, and financial circumstances, and allowing them time to arrange their affairs.
He pointed out that this protection is temporary and contingent upon the continued existence of the underlying grounds, and any partner may request its termination once it is established that either of the two conditions has ceased, thereby balancing the partner’s need for housing with the rights of the other partners.
He further explained that the amendment also allows partners, during the proceedings of a partition lawsuit, to request acquiring the partition applicant’s share in exchange for a value assessed by an expert appointed by the court. This enables the applicant to receive fair compensation for their share while allowing the remaining partners 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 multiple ownership requests and failures to deposit, ensuring the seriousness of requests and the expeditious resolution of procedures.
The Minister of Justice emphasized that the family home holds value beyond its monetary worth; it is where children grew up, where the family gathered, and where memories are tied. Hence, the importance of providing legal solutions that respect this value and preserve each partner’s rights.
