Kuwait Allows Postponing Partition of Joint Housing and Purchasing Partner's Share
Kuwait published a decree-law allowing courts to postpone the partition of joint housing if it is the co-owner's only residence and their funds cannot buy a suitable alternative, while letting co-owners buy out the claimant's share.
Kuwait published Decree-Law No. 121 of 2026 in the official gazette Kuwait Al-Youm, amending Article 830 of the Civil Code.
The amendment allows courts to postpone the partition of jointly owned property if the property is the sole residence of one of the owners and their funds are insufficient to buy a suitable alternative home. The postponement continues while its reasons persist, and any co-owner may ask for it to end once those reasons cease.
Co-owners can buy the share of the party requesting partition at a valuation set by the court.
The Minister of Justice stated that the amendment protects the occupant's home without prejudice to the legal inheritance shares.
What Do These Terms Mean?
Decree-Law: A legislative text issued by the ruler in the absence of the National Assembly or under specific circumstances, having the force of law.
Partition: Division of real estate owned by multiple people into separate shares or selling it to distribute its proceeds among them.
Share: The portion owned by each partner in the joint property.
Legal Inheritance Shares: The defined portions for heirs in inheritance according to Islamic Sharia provisions.
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