Kuwait Court of Cassation principle number 4316

A co-owner in undivided ownership. His right to seek partition of jointly owned property unless compelled to remain therein. He may not be compelled by a legal disposition to remain in undivided ownership for a period exceeding five years. Article 830, Civil Code. A plea of unconstitutionality of this provision based on its failure to except the family home whose ownership devolved upon the spouses jointly under the Housing Welfare Law, in violation of Article 9 of Part Two of the Constitution. Absence of seriousness. Rationale: compelling the spouses to remain in undivided ownership. An exception that effaces the constitutional principle that a person shall have exclusive enjoyment of his property and may seek partition of his jointly owned property. Article 18, Constitution. - 849 - Ownership