Justice Minister Nasser Al-Sumait stated that the Cabinet’s approval implements high directives from Amir Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah to safeguard family stability and housing rights while preserving the financial entitlements of property partners. The minister explained that the amendment to Article 830 of the Civil Code tackles the social repercussions that can follow from dividing residential real estate and selling it through public auction especially when the property represents the only shelter for a parent a child or another family member who cannot afford a comparable replacement. Courts will gain discretion upon a partner’s application to mandate continued joint ownership for a specified duration once it is established that the dwelling is the applicant’s exclusive residence and available funds fall short of securing alternative accommodation with due regard to the individual’s family social and economic situation.
Al-Sumait noted that this safeguard remains in place only as long as the underlying conditions persist and any co-owner may petition for its lifting upon proof that those conditions have ceased thereby maintaining equilibrium between housing needs and the legitimate claims of other parties. The revised provision further permits partners engaged in a partition lawsuit to seek acquisition of the share belonging to the party demanding division in return for compensation fixed by an expert appointed by the court. Such a mechanism allows remaining owners to keep the family property intact rather than submit it to auction proceedings the minister added.
According to the minister the reform reflects a measured approach that avoids abrupt displacement while ensuring equitable valuation for all involved. Publication in the Official Gazette will follow to bring the decree-law into effect. The change forms part of ongoing legislative adjustments addressing civil and family-related matters in recent years.
Existing statutes already extend related safeguards to residential properties in enforcement contexts. Decree-Law No 59 of 2025 on civil and commercial procedures exempts a Kuwaiti debtor’s necessary private dwelling and that of the family from attachment provided the residence was occupied before the debt originated and meets size and necessity criteria according to an analysis by Illtizam Law and Legal Consultations. These rules incorporate exceptions for certain privileged debts including maintenance obligations and credit bank claims to prevent abuse while prioritising humanitarian considerations.
The Constitutional Court upheld comparable housing protections in a June 2026 ruling that dismissed a constitutional challenge to the relevant clause in the procedures law. The court affirmed that while a debtor’s assets generally secure creditors the legislature may exclude specific items for compelling social and human reasons reported Al-Rai newspaper. Legislators introduced the original exception in 1986 specifically to shield Kuwaiti families from losing their sole home through execution measures subject to anti-circumvention controls.
Al-Sumait highlighted that the latest amendment complements these frameworks by extending similar logic to co-ownership disputes that frequently arise in inheritance or partnership scenarios. The measure is expected to reduce instances of family disruption stemming from judicially mandated property sales. Implementation will require courts to evaluate each case individually balancing all parties’ interests through documented evidence and expert assessments.
