Kuwait Court: Husband's Absence No Obstacle to Wife's Property Rights
KUWAIT CITY, June 29: The Administrative Court has ruled in favor of a Kuwaiti woman, granting her the right to initiate procedures for issuing a title deed in equal shares with her husband, without requiring his presence or signature. The ruling follows the husband's arbitrary refusal to complete the registration process, despite all legal and procedural requirements being fulfilled. The title deed must be issued with a mortgage in favor of the Kuwait Credit Bank.
The case was filed by the woman's legal representative, lawyer Hawra Al-Habib, who explained that her client is the wife of the first defendant and mother of their four children. Together, they had applied to the Public Authority for Housing Welfare (the second defendant) for a residential plot, which was duly allocated to them. All formalities had been completed, including municipal clearances, notary records, and the connection of electricity services. However, the husband refused to proceed with the title deed issuance without providing a valid reason, effectively obstructing his wife's legal right.
The court concluded that the husband's actions constituted an abuse of rights, unjustly depriving the plaintiff of her entitlement to co-ownership of the government-allocated property. Based on these findings, the court ruled that the woman is legally entitled to proceed with the issuance of the title deed independently, under applicable legal procedures.
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