Kuwait Court of Cassation principle number 4260

Partition by liquidation. The criterion for applying it. The impossibility of partitioning the jointly owned property in kind or diminution of its value. The effect thereof. The court may order the property sold at public auction and its price divided among the co-owners, each according to his share. - The expert's conclusion assessing the partition of the two properties without a substantial diminution in their value. Its consequence: sale of the two properties at public auction and distribution of its price among the co-owners. The judgment's departure from this and its restriction of its ruling to the sale of the appellant's undivided share therein. It renders it defective.