Family homes get new legal shield in Kuwait

KUWAIT CITY, Oct 7: Minister of Justice Counselor Nasser Yousef Al-Sumait affirmed that the Cabinet’s approval of a draft decree-law amending Article 830 of the Civil Code comes in implementation of the directives of His Highness the Amir, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah. He explained that the move reflects a commitment to safeguarding family and residential stability while protecting the financial rights of real estate co-owners.

The amendment empowers the court, upon the request of a co-owner, to order the continuation of joint ownership for a specified period. This applies when it is established that the property is the co-owner’s sole residence and that their financial means are insufficient to purchase a suitable alternative home. The court will also consider the co-owner’s family, social, and financial circumstances and allow sufficient time to arrange their affairs. This protection is temporary and remains subject to the continuation of the underlying conditions.

Any co-owner may request its termination if it is proven that either condition no longer applies, thereby striking a balance between the co-owner’s housing needs and the rights of the other co-owners. The amendment allows co-owners, while a partition lawsuit is pending, to request the acquisition of the share belonging to the party seeking partition at a value determined by a court-appointed expert.

This ensures that the party requesting partition receives fair compensation for their share, while allowing the remaining co-owners to retain the residential property rather than having it sold at public auction. The amendment establishes clear procedures for depositing the value of the share with the court treasury within the specified timeframe. It also addresses cases involving multiple ownership claims and failure to make the required deposit, thereby ensuring the seriousness of such requests and facilitating the prompt resolution of proceedings.

Minister Al-Sumait emphasized that the family home holds a value that goes far beyond its monetary worth, as it is the place where children grew up, families gathered, and cherished memories were created. He underscored the importance of providing legal solutions that recognize and preserve this value while at the same time safeguarding the rights of every co-owner.

The program aims to raise awareness of the rights and responsibilities of spouses and the obligations associated with married life. The Minister of Justice will determine the program’s curriculum, duration, and the entity responsible for conducting it, while the executive regulations will specify the cases in which an exemption may be granted.

The amendment requires, prior to the notarization of divorce or khul’ (divorce initiated by the wife), referral to the Family Dispute Resolution Center to provide an opportunity for reconciliation, provided that the prescribed period elapses without a settlement being reached. Exceptions apply to final judicial rulings and personal status cases in which reconciliation is not legally permissible. The aim is to give families a genuine opportunity to resolve disputes and preserve family cohesion. Also, the proposed law requires the notarization of marriage, marital separation, resumption of marital relations (raj’ah), and breastfeeding that creates a marital impediment (rada’ muharram). It requires the concerned parties to refer the matter to the judiciary if notarization is not possible, thereby safeguarding rights and lineage.

The proposed law also regulates electronic coordination between the Family Court Clerks Department and the Notarization Department, enabling the automatic recording of final rulings concerning marriage and separation in the notarization registers. Regarding digital transformation, Minister Al-Sumait explained that the amendment permits notarization through an automated electronic system or via video conferencing using methods approved by the Ministry of Justice, in addition to in-person attendance. It also allows the electronic and remote notarization of personal status matters, subject to safeguards that ensure procedural integrity and verify the identities and intentions of the parties involved, while specifying cases that require physical presence. The amendment eliminates the requirement to notarize corporate documents, including articles of incorporation, amendments, dissolution, termination, and partner withdrawals, at the Ministry of Justice.

Instead, the Commercial Register Unit at the Ministry of Commerce and Industry will be responsible for approving these documents. This change aims to facilitate corporate transactions, streamline procedures, and eliminate duplication between government agencies, while establishing a framework for the exchange of data and records between the two ministries. Minister Al-Sumait confirmed that the Ministry of Justice will continue to process corporate transactions until the relevant unit at the Ministry of Commerce and Industry begins operations, pursuant to a joint decision by the Ministers of Justice and Commerce and Industry. He also affirmed the validity and full legal effect of documents that were previously notarized. The minister concluded by noting that the amendment will take effect six months after its publication, allowing sufficient time to complete the necessary regulatory and technical requirements. He emphasized that the modernization of notarization procedures balances the facilitation of services with the protection of rights and refl ects the ministry’s commitment to developing legislation that addresses societal needs and keeps pace with digital transformation.

By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff