Public Scheme (if parents are included in the resale application as co-applicants or occupants), If you decide to live with your parents, you will be able to obtain up to $15,000 of the grant; or. Getting Divorced: Child Maintenance in Singapore, Singapore Divorcee's Guide to Relocating Your Child Overseas, How to Vary a Child Custody Order in Singapore, How to Appeal Your Divorce Case in Singapore, Divorce Certs in Singapore: How to Get a Copy and Other FAQs, Transfer of Matrimonial Home to Ex-Spouse After Divorce. by renovations, repairing, or maintenance). This group of assets will be divided between the parties. Any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party; Your spouse agrees to transfer their interest in the flat to you, The court orders your spouse to transfer their interest in the flat to you, if you and your spouse cannot agree on what should happen to the HDB flat after the divorce, Whether the sale proceeds are considered matrimonial assets; and, The factors for deciding what the proportion of the split should be. Besides the financial fitness to take on the outstanding mortgage, you must meet the following requirements: If the flat was a BTO flat, or purchased with the CPF Housing Grant for Family, you can only retain the flat if it is past the five year MOP. They will also determine whether the flat is part of the pool of assets for division. Pros and Cons, Dont Just Go for the Cheapest Divorce Lawyer in Singapore, Find Highly Rated Divorce Lawyers in Singapore. Over 700 families in rental flats bought homes in 2022: HDB What Happens to Your HDB Flat after Divorce? Terminating the Lease to Rent from HDB Can I kick my spouse out of the HDB flat? Applications are reviewed holistically, taking into account household income, household size, housing budget and individual circumstances. There is so much in place for you to bond with your neighbours and create an active and cohesive community. Unless youve drawn up a new rental agreement or theres a restraining order involved, both parties can continue to access the rental property. The cosigner would not have privileges to access the property if they are not listed as a tenant on the lease. In this case, only 1 party can rent a HDB flat from another flat owner; A owner who is eligible to rent out your whole flat. She sought HDBs help to buy a flat, as she was unable to continue living with her parents in their flat due to lack of space. Divorce for British Expats: Approach to Matrimonial and Non-Matrimonial Assets in England vs Singapore, Divorce for British Expats: How the English Courts Deal with Financial Matters, Fasakh in a Muslim Divorce in Singapore: Grounds & Process, Divorce by Cerai Taklik: Guide for Muslim Wives in Singapore, Talak in a Muslim Divorce in Singapore (and Its Effects), Guide to Divorcing by Khuluk for Muslim Wives in Singapore, Applying for Nafkah Idaah and Mutaah in a Muslim Divorce in Singapore, Guide to Personal Protection Orders in Singapore, Case Study - Love conquers All: The Divorce That Didnt Happen, Annulling a Singapore Marriage: Requirements and Process. In the aftermath of a divorce, you may have some difficulties finding a new home. If you have to dispose of the flat, you will need a place to keep your remaining items. Instead, the court will take all circumstances of the case into account when dividing the HDB flat. Use of this site constitutes acceptance of our Terms of Service and Privacy Policy. Post your listing quickly and easily! We are continuously working to improve the accessibility of our web experience for everyone, and we welcome feedback and accommodation requests. October 22, 2020, 9:18 pm, by The Court orders your spouse to pass on their interest to you. What Happens to Your HDB Flat after Divorce? Ravi Chandran There are various schemes to help divorcees buy or rent HDB flats. Afterwhich, they will need to attend an ancillary hearing. Your decision on the HDB flat will be recorded in a court judgment during an ancillary matters hearing. What Happens to Property and Assets Located Overseas Upon a Divorce in Singapore? The couple had been married for 18 years. Transferring Your Matrimonial Property to Your Ex-Spouse in a Divorce How does a divorce affect your ability to rent a house or apartment? 39 views Upvote Want this question answered? All rights reserved. For a start, both parties have the liberty to discuss and agree on what should happen to the house after a divorce. September 22, 2018, 8:38 pm, by websites (e.g. You may also qualify for the Proximity Housing Grant (PHG) if you purchase an HDB resale flat to live with your parents or children, or within 4km of their HDB flat or private residential property. If the spouses agree on what should happen to the HDB flat, they can record the agreed terms. Said spouse will only have an interest in the flat if it is determined to be a matrimonial asset, as per the Womens Charter. In a certain case, a husband contributed around 80% of the purchasing price of the HDB flat, while the wife contributed 20%. Have a question for us? While waiting for your BTO flat to be ready, you may rent a 3-room or 4-room flat under the Parenthood Provisional Housing Scheme (PPHS) to live in if you have no other housing options in the meantime. 3 Finance Questions To Ask Before a Divorce, How to Divorce Within 3 Years of Marriage in Singapore, Getting Divorced: Documents and Evidence to Prepare, Getting a Divorce Due to Irreconcilable Differences in Singapore. Eligibility Criteria for Renting an HDB Flat What is the minimum income requirement for renting an HDB flat? It is possible for parties to wait for the 5-year MOP to pass . According to the data provided by the Ministry of National Development, 90 per cent of such households with no viable housing options or family support had a household income of $1,500 or less. The incomes of all working persons in the household (the applicants and the occupiers) are included in the assessment. The Court will decide which party will care for the children or take them under their wing. What Happens to Rental Property During a Divorce Important things to take note of if you and your spouse are renting an HDB flat from HDB. An indirect contribution could be renovating the couples shared property i.e. Consult a lawyer before you compromise your current lease, however. HDB | Eligibility Conditions and Guidelines If the flat is past the MOP, you can sell it on the open market and divide the proceeds. What Can Happen to Your Executive Condominium (EC)? ", This guide will explain the consequences of a divorce, with regard to what happens to your HDB flat and whether you can keep it. The Court will use Section 112(10) of the Womens Charter to determine if the HDB flat falls under matrimonial assets. There were also about 580 resale of part-share applications, of which 43% (or 250) were cases where the ex-wife purchased the share of the flat from the ex-husband and retained the flat. } February 4, 2021, 10:38 pm, by Proving Irretrievable Breakdown of Marriage, How to Prove Adultery for Divorce Purposes in Singapore, Getting a Divorce: How to Prove Desertion, How to Prove Unreasonable Behaviour in a Singapore Divorce, How to Prove Separation for a Singapore Divorce, Application for Divorce Part I: Dissolution of Marriage, Your Spouse Doesn't Want to Divorce: What to Do, Simplified Uncontested Divorce vs Contested Divorce in Singapore, Mandatory Parenting Programme Guide for Divorcing Parents, Divorce Application: What to Do If Your Spouse Cannot be Found, Application for Divorce Part 2: Ancillary Matters (Maintenance, Assets, Custody), Contempt of Court in Divorce: When You Can be Punished, Guide to Co-Parenting for Divorcing Parents in Singapore, Maintenance of Spouse in a Singapore Divorce, Filling in a Matrimonial Property Plan for a Singapore Divorce, Dividing Matrimonial Assets in a Singapore Divorce. Its a difficult question to answer, as the circumstances of the divorce are a significant factor. Enter your account data and we will send you a link to reset your password. 1800-777 0000, Samaritans of Singapore Hotline (24hrs) However, that schemes eligibility requirements will also have to be met. Very helpful and efficient. If any of you currently co-own an HDB flat with your parents and/or siblings (who are not listed in your sales application), you can apply for PPHS and then surrender ownership of that co-owned flat within 6 months of taking possession of the PPHS flat; You and the other applicants for the PPHS flat are listed in the sales application. What Can Happen to Your Rented Flat from HDB? }] What Happens to Gifts Between Spouses During a Divorce? So they collectively own two HDB flats as two single individuals. You are a Singapore citizen and have another Singapore citizen or Singapore Permanent Resident in your household; You and the occupiers of the PPHS flat do not own an existing HDB flat. Want to rent out whole HDB flat? What you need to know - iCompareLoan Flat Types and Locations Jump to: What happens to my HDB flat when I divorce? If you wish to terminate your lease to rent your flat from HDB, you can book an e-appointment with HDB. HDB | Additional Information - Housing & Development Board Determine if the HDB Flat is a Matrimonial Asset, 4. HDB | Helping Single Parent Households - Housing & Development Board Should You Make a Post-Nuptial Agreement in Singapore? According to this section, matrimonial assets may refer to: The Court excludes assets that have been obtained as presents or through inheritance. Dr Quah suggested that although there is no standard divorce story, housing is often an important aspect of the divorce biography. This is because you will first have to meet HDBs eligibility conditions to do so. What are the Legal Grounds for Getting a Divorce? The actual grant amount that you can receive will depend on the category that you are applying for, as well as your living arrangements in the flat. Step 3: The Court does not consider the HDB a matrimonial asset. If the divorce happens less than five years after collecting your keys, then your flat has not passed the Minimum Occupancy Period (MOP). Ideally, both parties agree on the fate of the property. their parents, parents-in-law, children and siblings), The resale flat you intend to purchase must have at least 20 years left on its lease. HDB | Renting from HDB - Housing & Development Board As the number of rental flats under this scheme is limited, you must fulfil certain eligibility criteria to apply for a rental flat. He added that if mediation is unsuccessful, and the applicants cannot afford to buy a flat, HDB will be prepared to offer an interim rental or a public rental flat. Ravi Chandran The Court can order a divorced couple to put the matrimonial home up for sale on the market as part of the divorce settlement. What happens to your HDB flat after a divorce? Singapore's ASSIST scheme helps the odds of divorced parents getting a BTO flat in the Housing Development Board's (HDB) computer balloting process that applicants for flats must participate in. Or, you may buy a resale flat.

For Landlords: How to Rent Out HDB Without Property Agent Legal paperwork and Court proceedings can be too daunting, but our legal specialists are ready to help you navigate through them all. You can apply for a rental flat if you meet the eligibility criteria. Both you and the other listed occupiers must be Singapore Citizens. If you are renting the flat with somebody else, both you and the other occupier must be single. However, you must rent out your own flat within a month, after you have rented an HDB flat from . What happens to your HDB flat after a divorce? Can British Expats in Singapore Choose to Divorce in England? This browser is no longer supported. Married couple divorced to buy another HDB flat as single You will need to fulfil the requirements of the Single Singapore Citizen Scheme. Consequently, you will be able to make better decisions for your future living arrangements as well. During the divorce process, the court will divide all matrimonial assets which the couple cannot agree on what should happen to them. The property that you and your spouse share will most likely be the largest asset that has to be divided. It should also be noted that a spouse cannot claim that they have an interest in an HDB flat that is owned by the other spouse simply because they were both married. Summarising the discussion above, you may be entitled to retain the HDB flat after the divorce if either: However, this does not necessarily mean you get to keep the HDB flat. Fulfill the MOP and divorce but make sure the party keeping the flat must be 35 at the finalization of divorce. Take time to decide on your thoughts and feelings. This includes households headed by single parents who are divorced, widowed or unmarried. These are the various housing options that you and your spouse can consider if both of you are currently renting a flat from HDB. Can my divorced (PR) father and I (sg citizen) buy a HDB flat together? Different criteria may apply depending on the type of scheme you are purchasing a resale flat under. Hence, it is important that you have a clear idea of the implications of going ahead with the divorce before deciding whether to do so. Ravi Chandran Applicants cited various reasons for needing rental housing, such as the inability to afford a flat after divorce or due to loss of employment or medical issues. Online Divorce in Singapore: How It Works and Should You Get One? He added that for households that do not meet the eligibility criteria, such as grandparents requesting to rent with their grandchildren, HDB will look into their individual circumstances and assist them with rental housing if they are unable to buy a flat, and have no viable housing options or family support. People Who've Done It Spill The Beans, You both lived in it and used it, and raised one or more children in it, and. Please contact us via ourwww.hdb.gov.sg/efeedback. Close to half of the households in public rental have owned an HDB flat before. What Happens to my HDB Flat when I Divorce? - Singapore Divorce Lawyers Its a difficult question to answer, but couples heading for divorce need to know their rights over HDB ownership, even when the marriage is over. Lawyers.com. go.gov.sg/open). May 27, 2021, 1:04 am. } In this hearing, the Court decides if the flat is considered a matrimonial asset in this hearing. More than homes, our HDB towns are vibrant places to enjoy to the fullest. Let us help you find the right resources. go.gov.sg/open). The total household gross income should not exceed $1,500 per month. Assistance Scheme for Second-Timers (Divorced/ Widowed Parents) (ASSIST), Parenthood Provisional Housing Scheme (PPHS). Can Divorcees Buy or Rent HDB Flats, and How? Plus you can find out aboutmoney saving tipshere. The flat will have to be disposed of if the marriage is void (due to non-consummation) or annulment. Used under license. December 11, 2021, 1:43 am, by To qualify for the PPHS, all the conditions below have to be met: In the alternative, you may purchase a resale flat. He is awesome in explaining. If you have decided to go ahead with a divorce, it is important to make your housing plans bearing in mind the impact on your children. June Lim was our layer in a marriage annulment case. Children may become deeply unsettled by major life changes. You must form a family nucleus with at least another Singapore Citizen or a Singapore Permanent Resident comprising of: You and your parents that you intend to live with, if you do not have custody of any child from your marriage; or. You will need to fall under the following eligibility conditions: If you are unable to meet these conditions and eligibility requirements, another person may be cited to retain the flat, provided they are eligible under a different scheme. March 18, 2017, 6:02 pm, by Read more about these schemes and check your eligibility for them in our other article on how divorcees can buy or rent HDB flats. Yes. HDB policies can play a problematic role here. Should You Make a Post-Nuptial Agreement in Singapore? Property ownership "@type": "Question", Do note that HDB cannot guarantee a 100% success in your chances of obtaining a flat. It helps that up to 5% of 2-room Flexi flats plus 3-room BTO flats in non-mature housing estates are held for such applicants during sales launches . Share sensitive This is the easiest and least stressful solution. Resale rules for HDB Plus flats include S$14,000 income ceiling, 30 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. During this hearing, each party will be heard by the courts separately. An administrative fee is payable with each application, at $10 per bedroom. Note that this means taking over your spouses share of the flat, along with the relevant mortgage payments if they are due. https://www.womensweekly.com.sg/gallery/family/sex-and-marriage/getting-divorced-heres-happens-hdb-flat/. On the contrary, an uncontested divorce will not need a Court to decide because the couple would have decided and agreed between themselves how best to equitably deal with the HDB flat to their mutual satisfaction. Read more about division of matrimonial assets in a divorce in our other article. Owners of Plus flats, which have a 10-year minimum occupation period, will not be allowed to rent out their entire flat at any time. It's a difficult question to answer, but couples heading for divorce need to know their rights over HDB ownership, even when the marriage is over. Yes. In a land-scarce Singapore with soaring property prices, many considering a divorce may wonder what would happen to the matrimonial home after the divorce. If the lease term is nearing its end and the tenant doesnt meet your income criteria, you can choose not to renew the lease in most cases. "text": "As part of the prenup, you can decide with your partner what may happen to your HDB flat after a divorce. Got it 3 Answers Ivan Ng Replied 22 Feb 2022 Hi, Yes its possible to form the family nucleus this way under the public scheme. If the couple contests the divorce, the parties cannot come to final terms and will need the Court to intervene and make the final decision. For single parents who face changes in housing arrangements following a divorce or the loss of their spouse, we help them in the following ways: Unmarried parents who require housing assistance can approach HDB, and we will assess each request holistically, based on their individual circumstances. If it becomes clear that one party will stay at your property, you can draw up a new rental agreement to take the place of the old one. A significant amount of time can pass between filing for and actually obtaining a divorce, so it is not uncommon for couples who own rental properties to enter into temporary property agreements while their divorce is pending, in which they agree on the following issues: Who will be responsible for making tax or insurance payments on the property;
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