24/05/2025
24/05/2025

KUWAIT CITY, May 24: The Cassation Court has overturned previous rulings by both the Court of First Instance and the Court of Appeal, affirming that a Kuwaiti woman has the legal right to take all necessary steps to obtain a title deed for a disputed property, on equal terms with her ex-husband.
In its ruling, the Court confirmed that documentation showed the property in question had been jointly allocated to both the appellant (the woman) and the first respondent (her former husband) in 2003. An official letter sent to the relevant authority at the time clearly stated that the title deed should be issued in the names of both spouses.
Representing the appellant, Attorney Hawra Al-Habib argued that the respondent’s refusal to proceed with the title issuance amounted to an abuse of legal rights. She maintained that the earlier rulings were flawed and requested that they be set aside.
Al-Habib emphasized that marital status at the time of allocation is the key factor in determining co-ownership rights (regardless of any subsequent changes in the relationship), provided all legal conditions are met. She asserted that deviating from this principle undermines the legal framework for establishing ownership rights.
The Court ultimately agreed, restoring the woman’s equal entitlement to the property.