Most married couples in Singapore start their marriage journey with the purchase of a HDB flat. All Rights Reserved. At PKWA Law, we have a team of experienced family lawyers who work closely with our Real Estate Department to ensure that the sale or transfer of your HDB property goes smoothy. © Copyright 2017 PKWA Law Practice LLC. Although we try our best to ensure the accuracy of the information on this website, you rely on it at your own risk. You and your spouse are free to mutually agree on what should happen to the HDB flat after divorce.
PKWA family lawyers can advise you whether you can retain or sell your HDB flat in a divorce. HDB Flat in a Divorce – How is it dealt with? Contact our divorce lawyers at 6854-5336. Mr Baiross was extremely pleasant and helpful throughout the entire process, clarifying any doubts we had patiently. Thus, while the Court can decide that the share of one party is to be transferred to the other party, such that the recipient party becomes the sole owner – HDB may still require the intended sole owner to fulfil certain other requirementsRestrictions on banks and their ability to issue mortgages can also give rise to judgments becoming impractical and unfeasible.
This is because you will first have to meet HDB’s eligibility conditions to do so.You will have to fall within one of these situations:You should also have the financial ability to take on the home loan for the HDB flat.If you and your spouse have no children, the flat can still be retained under the Single Singapore Citizen Scheme if you are:If the HDB flat was bought directly from HDB, or a resale flat bought with the CPF Housing Grant for Family, you must satisfy the 5-year Minimum Occupation Period (MOP) before you can retain the flat under the Single Singapore Citizen Scheme.If you cannot satisfy this MOP, you can include another person to retain the flat with. The court took into account non-financial contributions of the wife, such as her looking after the home and caring for the family, and the court gave her due credit in such a case.In addition, the court took into account the long marriage of the couple, which lasted 18 years, along with payments made by the wife for children’s clothes, furniture and other family items.The court eventually ordered the proceeds of the sale to be divided 60/40, with 60% going to the husband, and 40% going to the wife.There are various schemes to help divorcees buy or rent HDB flats.
You will need a good lawyer to help you to navigate through these potential problems.
That spouse will only have an interest in flat if it is considered a “matrimonial asset” under the Women’s Charter.When dividing the matrimonial assets, the court will decide what should happen to the HDB flat as well. The ASSIST scheme enhances divorced parents’ chances of obtaining a BTO flat in the computer balloting exercise that the Housing Development Board (HDB) conducts for flat applications. If the names of either parties’ parents are not on the flat application, you may have to return the flat at the prevailing compensation price, subject to HDB’s approval.Here are 5 trusted lawyers you can contact directly for a quote.
This guide will explain the consequences of a divorce, with regard to what happens to your HDB flat and whether you can keep it.You and your spouse are free to mutually agree on what should happen to the HDB flat after divorce.Alternatively, both of you may decide to sell the flat and split the sale proceeds in a certain proportion.Your decision on the HDB flat will be recorded in a court judgment during an During the divorce process, the court will divide all matrimonial assets which the couple cannot agree on what should happen to them.Your HDB flat is most likely a matrimonial asset, which will be divided upon divorce.The Women’s Charter defines “matrimonial assets” to be an asset of any nature acquired during the marriage by one or both parties. Examples of orders it may make include:The court’s decision on the division depends on various factors, such as these in These factors are not exhaustive. One example of a restriction is that single persons cannot generally own a HDB flat in their sole name, unless they can establish that they have a family unit.