KUWAIT CITY, Aug 23: The Kuwait Jurists Association organized a real estate discussion panel titled “Real Estate in the Eyes of Women”, to explore real estate ownership as a foundation of family housing and social stability, rather than merely a financial investment. The discussion also touched on legislation affecting women in real estate, particularly in light of social transformations that have made Kuwaiti families increasingly independent and private.

Iman Al-Hashash, head of the Cultural Committee at the Association, explained that women in Kuwait can acquire property through three main paths: housing care, inheritance and free purchase, and each path involves specific legal considerations. She stated that while Kuwaiti women have access to advanced legal tools for property ownership, more legislation is needed to include some currently excluded groups. Al-Hashash emphasized that housing care is the most important avenue for Kuwaiti women to acquire real estate with State support, under the Housing Care Law.

Married women — both custodial and non-custodial — are eligible to apply jointly with their husbands, and half of the property is officially registered in their name. She explained that the recent amendment of the law changed the point of ownership from the electricity connection to the date of the lottery, granting women full rights over their share, including the right to dispose of it after divorce, as they are recognized as joint owners from the moment of the lottery and this right cannot be waived.

Regarding inheritance, she pointed out that under the Islamic Sharia Law in force in Kuwait, a woman — whether a wife, mother, daughter or sister — has the right to claim her share or to allocate and set it aside. She cannot be compelled to sell by other heirs and can resort to the court if disputes arise or if partners refuse to sell.

In the case of free purchase, Al-Hashash confirmed that Kuwaiti women have full legal capacity to buy real estate in their own name, whether in cash or through loans from Kuwait Credit Bank or commercial banks. She stressed the importance of documenting purchases with official contracts and registering them with the Real Estate Registration Department to safeguard ownership rights. Arwa Al-Khamis, a member of the Association, addressed the residential real estate challenges faced by divorced women, framing them around three key questions: “Does a divorced woman have the right to remain in the marital home after divorce?”

“What happens if the property is jointly owned?” and “If the husband reclaims the property through a new contract, does she regain her housing rights?” She explained that divorce does not terminate a woman’s real estate rights; rather, it can signal the start of greater housing independence if women understand the legal tools available to them, such as housing loans for divorced women or allocations by the Public Authority for Housing Welfare for certain groups. She called for a review of existing legal texts and recent amendments to achieve more gains for women.

Broker Dalal Al-Qaoud confirmed that Kuwaiti women today have real opportunities to enter the real estate market as investors, not just consumers. She pointed out this can be achieved by leveraging personal capital to purchase and rent properties, understanding market trends, and being aware of investment risks. She also addressed the challenges that women face in registering or negotiating real estate, often due to lack of legal knowledge or reliance on relatives or brokers. She advised women considering investment to consult a legal advisor before purchasing, to understand construction and division conditions, and to ensure all contracts are thoroughly documented.

By Marwa Al-Bahrawi
Al-Seyassah/Arab Times Staff