Al-Nuaybit: Amendment of Article 830 of the Civil Code is an important step to protect the family home
- We previously submitted to Minister Al-Sumeit a proposal for the “Heirs’ Home” to protect the family residence and ensure the rights of co-owners.
Lawyer Mubarak Ali Al-Nuwaybit praised the Cabinet’s approval of the draft decree-law amending Article (830) of the Civil Code, describing the amendment as a crucial step toward protecting the family home and enhancing its residential stability, particularly when the property owned in undivided shares constitutes the family’s only residence.
Al-Nuwaybit stated that the amendment addresses the social and humanitarian consequences of partitioning family properties and selling them at public auction, commending Justice Minister Advisor Nasser Youssef Al-Sumeit for adopting legal solutions that safeguard family interests and protect co-owners’ rights.
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He clarified that he had previously submitted to the Minister of Justice, on May 27, 2025, a proposal concerning the “Heirs’ Home,” aimed at shielding the family residence from being sold at public auction while ensuring that any co-owner seeking partition receives their share based on a fair value determined by an expert appointed by the court.
He added that the proposal’s objective was to provide a legal remedy that preserves the family home and ensures equity among co-owners, expressing his welcome for the new legislative approach to addressing this issue.
Al-Nuwaybit emphasized that the proposed amendment strikes a balance between a co-owner’s right to receive their share and the family’s right to retain its residence, by granting the court the authority to consider familial, social, and financial circumstances, and enabling the remaining co-owners to acquire the partition-seeking co-owner’s share in exchange for its fair value.
He stressed that protecting the family home does not infringe upon any co-owner’s rights, but rather provides a legal mechanism that guarantees everyone’s rights and prevents the family from losing its only residence due to a public auction sale.
Al-Nuwaybit commended the Justice Minister’s responsiveness to this file, underscoring the importance of developing legislation to address practical challenges faced by courts and to strengthen confidence in the judicial system. He expressed hope that the legislative procedures would be completed and the amendment enacted in a manner that preserves family stability and protects co-owners’ rights.
