Advice on HDB flat in divorce cases

applepie2

New Member
Hi,
I would like to seek advice from those who has similar experience :

(1) In a divorce, if the occupation period is less than 5 years, is it true we can either surrender or appeal to HDB to let us sell in the open market ?

(2) Normally,how long can we expect the sales transaction to be completed ? The lawyer say we can put in divorce paper 3 or 6 months or any period.

(3) Just curious, the appeal to HDB, is it before or after Divorce completed ?

(4) will selling in open market still be a better choice, despite the economy down turn ? not sure if have buyers...if dun have may still ve to surrender flat...

Thanks alot for your help!!!
 


sgbabydoll

Active Member
1. Either you surrender the flat to HDB now or appeal for HDB to allow you to dispose of the flat in the open market when it reaches 5 years of occupancy.

2. Three months from the time you have a ready buyer to have the transaction closed/completed, that is, your buyer becomes the official owner of the flat.

3. Before divorce.

4. You can't sell it now anyway.

Always check with HDB and/or your lawyer for proper advice or further info.
 

bigmac

New Member
i have the same situation as bearyhug.

can i take over the ownership(sole owner) of the flat? i have no kids, i'm under 35.

thanks
 

smileguy

Active Member
To sell yr flat in the open market, u guys must completed the MOP (min occ period) for the flat as at the date of divorce.

If divorce is within the MOP and none of the u is eligible to retain the flat, u need to return the flat to HDB, subject to HDB's approval and compensation for the return of flat will depend on HDB also..

newbegining,u r under 35..therefore u r not eligible for (SSC)single spore citzen scheme.

agree wif doll to check wif hdb/lawyer..
 

springleaf

New Member
I have the same issue as newbeginning.. I know by right, only age 35 can get a HDB. However, my case is different cos i'm not considered single.

So after i sell my house (joint), there is no way i can appeal to get a 3room? I can't move back to my mum as I am so used to stay at my own. Also, my furnitures and dogs are the main concern too.
 

smileguy

Active Member
Condition to be eligible for SSC: You MUST be 35years old whether you are single or divorce.

u can go to the HDB website to take a look..There are some other schemes offer by HDB to allow singles/divorcee to buy a flat under resale market .

Alternatively u can choose to rent a whole 3rm flat
 

lindylim

New Member
Springleaf
i have check with MP before they say they can actually write a letter to get a smaller flat but den now flat is so expensive now. im also thinking how am i able to retain the house..

Is there any welfare we can ask for help??
 

smileguy

Active Member
If divorce is within the MOP and none of u are eligible to retain the flat, u need to return the flat to HDB , subject to HDB's approval also and compensation for the return of flat will depend on HDB too
 

yuki_21

New Member
sorry..what is MOP ? i think my friend husband is above 35. But all along it my friend supporting the house with her CPF. clearly no statment to prove the husband contributed. AND its her husband who committed affair and recently even slapped her. hmm... normally how will this go about. She is now seeking help for divorce.
 

macadamia

New Member
Hi, can i check if anyone knows of any case where the HDB flat (bought directly from HDB) is able to be sold in the open market, after appeal from HDB/MP, even though it's within the 5-year MOP?

Thank you..
 

blissful_

New Member
I have a question too. Not sure though if its the right thread.
Mine is a case of divorce and flat had gotten approval to sell open market. Now, flat is sold, option exercised. While processing for 1st appointment, HDB asked for our proof of divorce agreement. What happens if during this period, both of us reconciled? Because to go back on the option is out. Cos the buyer has the right to sue us. Are we able to appeal to HDB on anything? Say we get another flat immediately? Or... please help me. I do not want to go ahead with the divorce just because we owe HDB that.
 

blissful_

New Member
I have a question too. Not sure though if its the right thread.
Mine is a case of divorce and flat had gotten approval to sell open market. Now, flat is sold, option exercised. While processing for 1st appointment, HDB asked for our proof of divorce agreement. What happens if during this period, both of us reconciled? Because to go back on the option is out. Cos the buyer has the right to sue us. Are we able to appeal to HDB on anything? Say we get another flat immediately? Or... please help me. I do not want to go ahead with the divorce just because we owe HDB that.
 

smileguy

Active Member
yes.. upon excercise the option u guys have enter into a binding contract..the buyer has the right to sue u..but in some cases buyer /seller will not go into the process of legal action cos its too troublesome and a waste of time..they may ask for refund of the option fee and excercise option fee..and may need to compensate their agent for the commission..so i would say its rather between buyer and seller themselves..

do check with ur agent to see if he can help u on this..

alternatively if u have decided to sell ur flat to the buyer. u can try to nego with buyer to allow u guys to extend ur stay so that u have sufficient time to get a new flat...this is a mutual agreement between buyer and seller..in order not to make thing sour in the end for such cases its better to draft out a black and white and withness by a 3rd party.
 

chixpie

New Member
Shld Gov look into the old HDB policy for Divorce parties who wanted to retain a HDB Flat ! By reducing the age from 35 to 30.

Basically Who wants to divorce ? Which left us with no choices and yet HDB squeeze us out from the normal systems.

Cant move back from parents house and yet we have to a rental house! It is not fair we have to suffer from both side.

Policy is make from the that time situation, as time goes situation and demand changes shld the policy be more flexible and allow to change to suit the current situation. And always allow special case for really needed people.
 

silensiozo

New Member
Hi all,

need to doublecheck, so if one is above 35 years old, and the HDB is above 5 years old, one can have to option to retain the flat? So if one partners wants to keep it, he/she can just pay the other person back?

pls advice.

thanks!
 

serene_yam

New Member
Can we sell our flat in the midst of the divorce proceedings? Or we must wait for the divorce to be finalised and aucilliary matters such as housing to be given judgment by the Court before we proceed with the sale of flat?

What if we sell our flat during the separation period? Possible?
 

smileguy

Active Member
its not given, court order will determine if the flat is to be sold in the open market / if the flat is to be transfered or the amount of % that it will be given to either party etc

If you meet the MOP,Its still possible to sell your unit as per normal case during seperation if no legal documents has been issued by the lawyer..
 

springleaf

New Member
1) How do i know how much cash i can get by selling the house?

2) Can I appeal direct to HDB to grant me a 3room afer my divorce but under age 35?

4) If he is paying 70-30, can i request to take 70 instead?

5) Can I complete my divorce case but appeal to sell the house 2 years later?
 

siobhanlee

New Member
1. Your cash proceeds would be based on the formula as follows :-
Cash back = Sale price of flat minus HDB outstanding loan minus CPF used with accrued interest. You can login to CPF website using your singpass to check how much your outstanding loan amt is and what is your cpf with accrued interest

2.You can try appealing to hdb but I doubt u will be successful. If you are not above 35, you will not be able to purchase a flat on your own.

3. This would depend on the anciliary discussion between you and your soon-to-be ex. Sure, u can request for 70%. Whether he will agree to it is another issue. If you decide to fight for it in court, it would be costly and quite a hassle for both parties. You have to justify why you deserve to have 70% even though he has been paying for most of the mortgage. Best is that both parties agree to a reasonable division of the sale proceeds of the flat.

4.The matrimonial home would have to be sold after the divorce if neither party plans to transfer his or her ownership. You can try appealing for an extension but whether they will grant it will probably be on a case to case basis. Like in my case, after my dad passed away, we had to sell his flat within the next 6 months. But we were told that if we were not able to do so, we could appeal to HDB for an extension. But it would be more advisable to check with HDB on this.
 

springleaf

New Member
Thanks for the update. I do not want to be a losing end after the divorce and sell the flat.
I have received an email from him and i'm not sure if i will lugi if i follow what he suggest. Can anyone help me what I shld do next? He is jobless now btw. Also, he own me around $20K and I want to get it back as well

Below is what he wrote to me

*******************************************
"Going through the legal aids will takes a few months for the approval, and then the process will take another few months, so by then we wont know how the market is.

However, selling the house is not the only option for us. I'm thinking by the time we completed the paper work, hdb allows us time to settle the house issue. Expecially that I am legally eligible to own a house of my own, they wont rush us. I can include in the papers that I will take over the house or maybe try to get one of my sis to take over your share.
With my current situation, I will definitely not be able ot afford to take over anytime soon. So we can take our time to do it. By the time we can complete everythng, it should be around 2011 or 2012. Even if you are not ready by then, I will still allow you stay on unless u prefer not to"
 

siobhanlee

New Member
springleaf
Well if possible, try to look for a win-win situation for both parties instead of wanting to end up 'winning' or in your words, 'not lugi-ing'. In my case...initially when it all happened, I was so filled with anger and had so much angst that my thoughts were filled with vengeance. It didn't help too when some friends were making suggestions that I should clean him out and take as much money out of the divorce. But after I cooled down and weighed the situation, I realised that it doesn't make sense to be vindictive especially since I have a child who is high in my priority and I really don't want him to suffer as a result of a nasty breakup. So, we started discussing amicably and agreed on terms that we found acceptable for both of us.

Your husband is jobless as u had mentioned and probably in debt. I'm not sure about your job situation too since u had mentioned a while ago that u were retrenched. The sale of the house will impact you more because u have to look for alternative lodgings whereas he already has moved out a while back and has a place to stay already. Based on the financial situation of both of you, it may actually make sense for you two to sell ur current flat given the current property boom so u guys can at least profit from the sale of your property but again, this is provided that u can find another place to live in after your flat is sold.

By the way, do divorces via legal aid take that long to process? 2012 seems too long imo..my belief is that once legal aid deems u eligible for assistance via means testing, the divorce proceedings shouldn't be too lengthy especially when both parties agree to the terms.
 

cottonball

New Member
My sister is going to divorce and is quite concerned abt the HDB. After calculation, seems like there is a high chance of paper lost..

She is not sure how to divide the flat in order not to loss so much. Paper lost is around $80K. Does this amt need to pay back in cash? Also, if next time she get her own 3-room, will HDB taking into consideration of this paper lost?

At first she is thinking of 50-50, but if so, will she lose at her end? She is contributing 40 and he is contribution 60 for their flat.

How to ask for reasonable share in this case? They have no kids, married for 10 years.
 

sgbabydoll

Active Member
Hi Cotton Ball

Let me go straight to the points skipping pleasantries.

It will make sense to want to receive a bigger share if the flat sale produces profit BUT NOT WHEN IT IS A NEGATIVE DEAL. The contributing ratio being 40-60 means she will bear only 40% of the total loss if she's smart enough to keep quiet.

Of course she could "fight" to stomach a smaller loss amount but she must be prepared for resistence from her husband and backfiring if the court rules 50-50 share of loss.

Paper loss - There is no need to pay back CPF in cash for the so-called "paper loss". To me, it is not paper loss since CPF is real money.

For your sister's next flat purchase, she'll have less CPF to pay for the property. Less CPF money means a bigger loan amount/cash payment.
 

cottonball

New Member
Now the bastard forced my sister to transfer her share to his mum. Will it benefits my sister if to transfer? He said "Fat hope of giving you a single cent.. just get back what you have contributed through your CPF and get lost "

He threatened my sis to move out from the house now.. He said.. if she doesn't, then careful when she returns home daily. My sis wants to obtain a PPO however, still need to attend court hearing, so she drops that idea.

I have asked her to move out but then she is only a retail shop assistant and her take home is only 1.2K. She can only afford to rent a flat from HDB directly only when she is divorced.. currently her status is still married.
 

siobhanlee

New Member
http://business.asiaone.com/Business/My%2BMoney/Property/Story/A1Story20090528-144477.html

Hmm? According to this article, you do have to pay back to CPF cash.

Just curious..currently, flat prices are getting high valuation with many transacting with high COV. Unless your sis and her husband bought a resale HDB during the peak, they shouldn't be incurring such a major loss if they were to sell their flat now.

Your sis need not agree to his demands at the moment..especially since he is so unreasonable. Could she stay with family if she isn't able to go home?
 

cottonball

New Member
This paragraph
"Property owners selling their flats below valuation say they are being advised by Housing Board staff that they may have to top up any shortfall in their CPF refunds - or get the CPF Board to accept their reasons for pricing the flat below valuation - before the transaction can go through."

Means if it is not sold below valuation, no cash top-up is required into CPF?

My sis stay in EM.. so how much COV she can ask for in general? Is really in a lost after including the interest, etc.. about 80K so much !!
 

springleaf

New Member
Hi there

Wonder if anyone is a property agent.. if so, can you leave a PM to me.. I would prefer a female agent. I have a lot of question selling my flat as well.

Also I don't think i can afford paying 2% comm.. if any agent can accept lower %, do contact me
 

siobhanlee

New Member
Cottonball
So does it mean that she has already checked how much her EM can fetch for? Does she know the valuation of her flat? If not, how would both of you know how much loss would be incurred with with the sale of the flat? The amt of COV she can ask for would largely depend on the location and also on the demand for flats in that locale. The median COV in Q4 2009 was abt $24k but some managed to get as high as $50k cash premium.

I'm not a property expert but to me, unless the flat was purchased sometime in 1996-1997 where the prices of resale HDB flats peaked, there shouldn't be such a big loss after the sale of the flat especially with the hdb resale market doing so well now.
 

sgbabydoll

Active Member
"Means if it is not sold below valuation, no cash top-up is required into CPF?"

Cottonball, there will be no cash top-up into the CPF accounts whether the flat is sold below or above valuation, at a profit or at a loss.

Cash top-up into CPF account would be required for transfer of ownership. But if your sister is transferring her share out, her husband has to come out with cash to top up her CPF withdrawal + interest.

If she is very certain that selling the flat would incur a loss, might as well do the transfer because she will get back the money plus interest into her CPF account. But before she decides, why not get her flat evaluated and see how much she could potentially fetch selling. It only costs $200+.
 

sgbabydoll

Active Member
I have just spoken to my property agent. I have made a mistake with the cash top-up portion.....It should be:

Cash top-up would be required if you don't have enough funds in your CPF account to pay back CPF for the withdrawal + interest.

To determine this, you need to find out:
1. Your outstanding loan
2. Your CPF balance as of today
3. A rough gauge of your property value plus COV

Don't post here as this is your confidential info. Do you sums in private please.
 

lootcart

New Member
My colleauge had a friend just divorced. The wife got the HDB flat. She can be sole owner and need not to pay her HB anything which he contributed from CPF. This is possible if the HB agree to it. Heard this is a new law. Dunno how true but its true for her case.
 

siobhanlee

New Member

grandpunto

New Member
Hi ,i have some similar cases that i had read so far from the TS. I had already divorce with my ex wife.but im totally lost on how to sell away my house. we had agreed to give back the matrimonial house to HDB. But the divorce letter is with my lawyer.Can i appeal HDB to sell to the open market or not.But its already confirm that to give back to HDB as stated by the court hearing. Firstly i would like to know if my Matrimonial house is given back to HDB which is less than 5 years, will i get any cash returns and my cpf back. The house bought nearly to 4 years plus. My age this year is 28years old and can i purchase another flat from HDB after the completion of selling away the house to hdb. I had a single mother and my siblings.Can i opt for a resale or new flat. Please advice. Thank you and best regards. Your opinion is gladly appreciated.
 

smileguy

Active Member
1) Court order is final,if its stated to return to HDB then no way u can sell in the open market but of cos no harm appealing if you want to give it a try.

2)HDB policy - If the divorce is within the MOP (5years) time frame ,u will have to return ur flat to HDB,Compensation will be determined by HDB

3)Once u have dispose ur current flat,definately u can apply for a new flat or resale flat in future be it with ur sibling/mother or wife but do take note if u r applying a resale flat with ur new wife and taking the CPF grant.u can only enjoy the half housing grant either a 15k or 20k instead of the normal 30-40k
 

sgbabydoll

Active Member
Not much a point to appeal to HDB because they only follow the court order. Find out from your lawyer how you can apply for a new court order.
 

angieong

New Member
hi all

i am actually going through a divorce but my flat is still under MOP I know i will have to surrender it back to HDB but i would like write a appeal letter to HDB for approval if they can let me sell out to open market.
anyone can help on this?
 

ahgoon

New Member
hi, would like to seek some advise on EC.

My husband and i have signed the deed of separation. However, i am considering going for a direct divorce. May i know if any one of you know what will happen to EC if divorce happen under the MOP? EC TOP 2 years ago.

Many thanks.
 

happiness1

New Member
Can someone give some advices?
My friend bought a resale flat at Pasir Ris and they have yet to ROM, it has way exceeded the 3 month requirement to present the marriage cert to HDB and supprsingly HDB had never chased for for far. The couple have decided to break off, my friend would like to retain the flat with her father (to avoid forfeiture of $$ by the HDB), They went to see the HDB officer and HDB officer aware of her intention and agreeable to this plan as it is wiser decision but the mad guy threathen that he would insist that the HDB to take back the flat as he doesnt mind about the forfeiture. Anyone has such encounter? can the guy do so without the girl's agreement?
 


pocari

New Member
Hi,
I have a friend who just bought hdb recently but havent ROM yet. Now the couple wants to break up.
Since they are not legally married, what is the procedure to sell their house?
 

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