Minister of Justice Counselor Nasser Yousef Al-Sumait stated that the Cabinet’s approval of the draft decree-law implements directives from Amir Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah to protect family and residential stability. The amendment to Article 830 of Decree-Law No. 67 of 1980 addresses social effects from the partition and public auction of residential properties when the home is the sole shelter for a parent or child and proceeds would not suffice for a suitable replacement. Al-Sumait explained that upon a co-owner’s request the court may order continued joint ownership for a defined period if the property is the applicant’s only residence and their finances do not allow purchase of an alternative while weighing family social and material conditions. The minister added that sufficient time would be granted for the co-owner to arrange their affairs under the temporary measure.
The justice minister noted that the protection remains subject to the persistence of those conditions and any co-owner may request its termination upon proof that either requirement no longer holds. The update further enables co-owners involved in an ongoing partition suit to seek acquisition of the share held by the party demanding division at a value fixed by a court-appointed expert. This approach provides fair compensation to the departing owner while permitting the others to retain the residential property rather than force its sale at public auction when physical division cannot occur according to the minister’s statement.
The Cabinet took the decision during its weekly meeting chaired by Prime Minister Sheikh Ahmad Al-Abdullah Al-Ahmad Al-Sabah and referred the draft to the Amir for enactment according to official statements. The decree has since been issued as Law No. 121 of 2026 a legal database confirmed. The provisions apply exclusively to jointly owned residential real estate and extend to partition lawsuits not yet resolved by final judgment excluding those with prior auction awards.
Al-Sumait said in remarks carried across Kuwaiti outlets that the changes strike a balance between the right of a co-owner to exit joint ownership and the housing needs of vulnerable family members. The Civil Code originally promulgated under Decree-Law No. 67 of 1980 has undergone multiple updates in recent years including amendments through Decree-Laws No. 4 of 2025 and No. 8 of 2025 according to Lexis Middle East records. This revision focuses solely on residential properties held in common rather than other shared assets.
The minister’s statement highlighted that courts will appoint an expert to determine fair market value in buyout requests and established procedures for depositing funds with the court treasury to ensure request validity. Multiple co-owners seeking to acquire the share must follow distribution rules outlined in the decree to prevent prolonged disputes. The amendment maintains established legal positions from completed cases while introducing these targeted safeguards for ongoing matters.
