Disputes over property rise in Kuwait

This compensation is calculated from the date one heir begins using the property until the date of division or settlement. Courts typically refer such disputes to a specialized expert who assesses the rental value of the property based on its size and location, and then allocates the amount according to each heir’s legal share. He emphasized that justice requires those deprived of use to be compensated, even if the occupant of the property is a family member. Lawyer Bandar emphasized that resorting to amicable solutions or consensual division is the best option to avoid escalating disputes, stressing that laws exist to protect rights but do not prevent the preservation of family ties.

Meanwhile, Lawyer Mohammad Ahmad Al-Refai pointed out that expert reports play a pivotal role in such cases, as the court relies on them to fairly determine the value of usufruct compensation. He affirmed that the Kuwaiti judiciary consistently protects the rights of partners in jointly owned property and prevents its unjust appropriation, adding that some disputes escalate due to a lack of awareness among heirs, prompting one of them to resort to the courts to claim their financial rights.

In addition, another type of issue arises concerning houses allocated by the Public Authority for Housing Welfare (PAHW) that have not yet received title deeds, as their legal status differs from inherited properties. Lawyer Al-Rifai explained that this type of house is not considered an inheritance in the legal sense and is therefore not subject to traditional inheritance rules. The competent authority redistributes shares according to PAHW requirements, and these are often granted to eligible family members who do not have a housing application. He emphasized that inheritance disputes do not stop at the limits of legal texts but extend to the social and family dimension, where financial disputes may lead to a breakdown in relations between relatives