Justice Minister: Civil law amendment to protect the family home and safeguard partners' rights

In implementation of the high directives and with a view to ensuring family and housing stability, the court may temporarily maintain the property in co-ownership if it constitutes the sole residence of one of the partners, and allow the claimant for partition to acquire the other partner’s share at a value determined by an expert, rather than selling the property at a public auction.

Justice Minister and Advisor Nasser Youssef Al-Samait confirmed that the Cabinet’s approval today of a draft law decree 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, and reflects the commitment to protecting family and housing stability and safeguarding the financial rights of partners in the property.

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Al-Samait stated that the amendment addresses the social repercussions resulting from the partition of residential properties and their sale 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 continued co-ownership for a period it determines, provided it is established that the property is their 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 added that this protection is temporary and contingent on the continued existence of the underlying grounds; any partner may request its termination once it is established that either of the two conditions has ceased to exist, thereby balancing the partner’s need for housing with the rights of the other partners.

Al-Samait explained that the amendment also allows partners, during the proceedings of a partition lawsuit, to request acquiring the claimant’s share in exchange for a value assessed by an expert appointed by the court. This ensures the claimant receives fair compensation for their share and enables the other partners to retain their residential property rather than selling it at a 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, thereby ensuring the seriousness of requests and the expeditious resolution of procedures.

Al-Samait emphasized that the family home holds value beyond its monetary worth, as it is the place where children grew up, the family gathered, and memories were formed. He stressed the importance of providing legal solutions that respect this value and preserve each partner’s rights.