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Upon divorce, the Court may grant an order for either party to the divorce to take over the matrimonial flat. This party must meet the eligibility conditions to take over ownership of the flat.
- What Happens to The HDB Flat After Divorce: How Is This decided?
- If The HDB Flat Will Be Sold, How Will The Sale Proceeds Be Divided?
- After You Have Divorced, Can You Buy Or Rent A New HDB Flat?
- What Happens to Your HDB Flat Upon Annulment of Marriage (instead of divorce)?
1. You and your spouse agree on what should happen to the HDB flat after divorce
You and your spouse are free to mutually agree on what should happen to the HDB flat after divorce. For example, one spouse may agree to transfer their interest in the flat to the other spouse, to allow the other spouse to keep the flat. 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 ancillary mattershearing. However, if you and your spouse are unable to ag...
2. The court decides what will happen to the HDB flat after divorce
During the divorce process, the court will divide all matrimonial assets which the couple cannot agree on what should happen to them.
The framework for the dividing of HDB flat sale proceeds is the same as the division of the HDB flat itself (see above). In other words, you and your spouse can agree on the proportion of the split. But if you and your spouse are unable to agree, the court will decide on this for you, based on: 1. Whether the sale proceeds are considered “matrimoni...
There are various schemes to help divorcees buy or rent HDB flats. Housing grants may also be available. Read more about these schemes and check your eligibility for them in our other article on how divorcees can buy or rent HDB flats.
If the marriage is void (due to e.g. the non-consummation of marriage) or has been annulled, you may have to return the HDB flat. The exception is if either side’s parents were originally listed in the application to buy the flat. If the names of either parties’ parents are not on the flat application, you may have to return the flat at the prevail...
Oct 10, 2023 · Wondering what will happen to your HDB flat after a divorce? Learn about matrimonial assets and the other legal proceedings involved with this simple guide. +65 8886 0278
- Yes. If the residence is private property and if the divorce was amicable, both parties could come to a mutual understanding to keep the property.
- Yes. Divorcees can avail of housing grants or other schemes to help them rent or purchase HDB flats. For example, you may buy a new Build To Order...
- As part of the prenup, you can decide with your partner what may happen to your HDB flat after a divorce. Both of you have the freedom to mutually...
- Yes. The Court can order a divorced couple to put the matrimonial home up for sale on the market as part of the divorce settlement.
Jul 8, 2019 · If your matrimonial flat is bought directly from HDB or is a resale flat with the CPF Housing Grant for Family, the 5-year Minimum Occupation Period (MOP) must be satisfied in order to retain the flat.
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May 11, 2020 · When a couple divorces or separates, the matrimonial home becomes the bone of contention. One major concern during the process is: who retains that HDB/ BTO home under joint tenancy? How will a fair division take place?
Jump to: What happens to my HDB flat when I divorce? Can I retain the HDB flat after the divorce? What if I do not meet HDB’s eligibility criteria to retain my HDB flat after divorce? What if I divorce before the minimum occupation period (MOP) of my HDB is met? Can I kick my spouse out of the HDB flat? What happens to my HDB flat when I divorce?
Is an HDB flat matrimonial property? An HDB flat is likely to be classed as matrimonial property, however a spouse cannot automatically regard it as such, simply because they are married; the flat must be classed as matrimonial property for the purposes of the Women’s Charter.
