New Decree-Law Lets Courts Shield a Co-Owner's Only Home From Forced Sale

Kuwait has published Decree-Law No. 121 of 2026, which adds two new items to Article 830 of the Civil Code (issued by Decree-Law No. 67 of 1980). The text appears in Kuwait Al-Youm Issue 1814, pages 2 to 3, dated Sunday 25 October 2026. It was signed on 18 October 2026 and takes effect from the date of publication (Article 3).

Article 830 covers the partition of property that several people own in common shares, known in Kuwaiti law as co-ownership (al-shuyou'). Until now, when a jointly owned home could not be divided physically, Article 836 required it to be sold at auction, and bidding could be limited to the co-owners only if all of them asked.

The first new item (item 3) adds a new ground on which the court, at a co-owner's request, may keep a residential property in co-ownership for a period it sets. The court already had this power where an immediate partition would harm the co-owners' interests (item 2). The co-owner must prove two things: the property is his or her only home, and his or her funds are not enough to buy a suitable one. Any other co-owner may later ask the court to end the arrangement if either condition falls away.

The second new item (item 4) gives every co-owner, while the partition case is pending, the right to take over the share of the person asking for partition, at a value set by a court-appointed expert. The buyers deposit the price with the court within a deadline it sets. If the full value is paid, the court transfers the share and the partition case ends; if not, the case continues as normal.

Under Article 2, the new rules apply to all partition cases without a final judgment, unless a judgment awarding the property at auction was issued before the decree-law took effect.

WEFAQ's view: anyone who is a party to a partition case involving a home, or who owns or finances a share in one, should review their position now, because the new options can be raised in cases already before the courts.

Read more: for the full analysis, read our companion blog article: 'Kuwait's Partition Reform for Co-Owned Homes: What Owners, Heirs and Lenders Should Know'.

•   •   •

Source: Decree-Law No. 121 of 2026 amending Article 830 of the Civil Code, and its explanatory memorandum; Kuwait Al-Youm Issue 1814, pages 2 to 3, 25 October 2026; Civil Code (Decree-Law No. 67 of 1980), Articles 830 and 836.

This article is provided for general information only and does not constitute legal advice. For advice specific to your circumstances, please contact WEFAQ Law Firm.