Decree Protects Co-Owners of Residential Property

By the Editorial Team · Wednesday, October 21, 2026

Kuwait has amended Article 830 of its Civil Code to strengthen protections for co-owners of residential properties by allowing courts to temporarily maintain joint ownership and formalize buyout procedures during partition cases. This change offers financial relief to co-owners who use the property as their sole residence and introduces clearer rules for share valuation and payment deadlines, improving legal clarity in ongoing property division disputes.

Kuwait has issued an Amiri decree amending Article 830 of the Civil Code to enhance protections for co-owners of residential property, particularly in cases involving the division of jointly owned homes. The decree, announced on Monday, establishes new legal procedures to maintain joint ownership or facilitate the purchase of a co-owner’s share during partition proceedings.

Under the revised provisions, a court may order joint ownership of a residential property to continue for a limited period if a co-owner can demonstrate that the property serves as their sole residence and that they lack sufficient funds to acquire alternative housing. This measure aims to provide temporary relief for co-owners facing financial constraints. However, any co-owner involved may petition the court to end this arrangement if the conditions—such as sole residence or financial incapacity—are no longer met.

The amendment also introduces a formal mechanism for co-owners wishing to buy out the shares of partners seeking to partition the property. The value of the share in question is to be determined by an expert appointed by the court. Should multiple co-owners express interest in purchasing the share, they may either agree among themselves on their respective portions and submit the amounts to the court’s treasury within a court-specified timeframe, or, if no agreement is reached, the share will be divided equally among the applicants. The court will then set deadlines for payment.

Applicants who fail to deposit the required funds within the deadline, without a court-approved justification, will have their requests dismissed. The remaining co-owners will receive adjusted shares and additional deadlines to complete payment. Once full payment is made, the court will order a transfer of ownership proportional to each co-owner’s contribution, concluding the partition case. If payment is not completed, the court proceedings will continue.

The decree applies to ongoing partition cases where no final judgment has been issued at the time the decree came into force, excluding cases where a ruling authorizing auction-based sale of the property has already been confirmed. This amendment aims to provide clearer procedures and greater safeguards for individuals jointly owning residential properties in Kuwait.

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