Article 619 of the Saudi Civil Transactions Law
المادة 619 من نظام المعاملات المدنية · الفرع الأول: أحكام عامة لحق الملكية أولًا: نطاق الحق
If more than one person owns a thing without their shares being separated, they are co-owners in undivided shares, and their shares are equal unless proven otherwise.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا تملك أكثر من شخص شيئًا دون أن تفرز حصة كل منهم فهم شركاء على الشيوع، وتكون حصصهم متساوية، ما لم يقم الدليل على خلاف ذلك.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 619 explained in plain English
This article deals with joint ownership in undivided shares, defining it and setting a rule for determining shares.
When is ownership undivided? If more than one person owns a single thing without the share of each being separated, that is, without a specific part of it being designated for each one, they are co-owners in undivided shares. Each co-owner owns a proportion of the whole thing, not a specific piece of it.
Size of the shares: The rule is that shares are equal. If three people own real estate in undivided shares, each is presumed to have a third.
An exception applies to this rule: if evidence to the contrary is established, such as a purchase contract stating each co-owner's portion, the evidence is given effect.
The practical result is that a person who claims his share is larger than his co-owners' must present evidence of it; otherwise the shares are treated as equal.
Related to it is Article 620, which sets out each co-owner's right to dispose of, exploit and use his share. In disputes among co-owners over shares, you can consult a lawyer who specializes in real estate cases.
Practical example
Three friends bought a rest house in Riyadh in all their names without specifying each one's portion. They are co-owners in undivided shares, and their shares are treated as equal, a third for each, unless one of them proves that he paid more and that the agreement was for a larger share.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 619 of the Saudi Civil Transactions Law
What does ownership in undivided shares mean?
It means that more than one person owns a thing without the share of each being separated, so they are co-owners in undivided shares.
How are co-owners' shares determined in jointly owned property?
The shares are equal unless evidence to the contrary is established.
More articles on Ownership, Co-Ownership and Partition
- Article 22
The article defines an immovable as a thing fixed in its place that cannot be moved without damage or change in its form, everything else being movable, and treats a movable that its owner assigns to the service or exploitation of his immovable as an immovable by destination.
1- العقار كلُّ شيءٍ ثابتٍ في حيزه لا يمكن نقله منه دون تلفٍ أو تغيُّرٍ في هيئته، وما عدا ذلك فهو منقول. 2- يعدُّ عقارًا بالتخصيص المنقولُ الذي يضعه مالكه في عقا
- Article 26
The article divides the real right into principal rights, such as ownership, usufruct, use, habitation, easement and waqf, and accessory rights, such as mortgage and privilege, together with what the legal provisions so consider.
1- يكون الحقُّ العينيُّ أصليًّا أو تبعيًّا. 2- الحقوق العينية الأصلية هي حق الملكية، وحق الانتفاع، وحق الاستعمال، وحق السكنى، وحق الارتفاق، وحق الوقف، وما يعد ك
- Article 112
The article provides that termination of a contract cannot be asserted against the contracting party's specific successor if he acquired a real right in good faith.
لا يحتج بفسخ العقد تجاه الخلف الخاص للمتعاقد إذا كسب حقًّا عينيًّا بحسن نية.
- Article 131
A building's keeper is liable to compensate for damage caused by the collapse of all or part of the building, unless he proves that it was not due to neglect of maintenance, age of the building or a defect in it.
يكون حارس البناء مسؤولًا عن تعويض الضرر الذي يحدثه تهدّم البناء كله أو بعضه؛ ما لم يثبت أن الضرر لا يرجع سببه إلى إهمال في الصيانة أو قدم في البناء أو عيب فيه.
- Article 133
Anyone threatened with damage from a particular thing may demand that its keeper take measures to avert the danger; if he does not, the threatened person may carry them out with court permission at the owner's expense, or without it in urgency.
لكل من كان مهدَّدًا بضررٍ من شيءٍ معيَّنٍ أن يطالب حارسه باتخاذ ما يلزم من التدابير لدرء خطره، فإذا لم يقم باتخاذ هذه التدابير في وقت مناسب فلمن يهدده الخطر أن
- Article 371
The article allows a partner to give his share in jointly owned property to his partner or to someone else, whether the property is real estate or movable, even if it is divisible.
تصح هبة الشريك حصته في المال الشائع لشريكه أو لغيره عقارًا كان أو منقولًا، ولو كان الموهوب قابلًا للقسمة.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.