Advice on HDB flat in divorce cases


tklvince

New Member
My divorce had been completed. Court order says the flat is to be transfered to my name. This transaction also done. The flat was not under MOP. The flat is now solely owned by me. Will I be tied down to a new MOP from the date of transfer?
 

bldk

New Member
Hi, does anyone have any idea, if I bought a resale flat previously, and I have sold it one year ago, can I still buy an EC with the new ruling? Cos HDB website states that :

You, your spouse, any occupiers listed in the Application Form or their spouses must not own or dispose or have an estate or interest in any other flat, house, building or land*
Within 30 months before the date of application, and
Between the application date and the date of taking possession of the EC

* includes but not limited to:
HUDC flats (Privatised and Non-Privatised)
Properties acquired by gift
Properties inherited as beneficiaries under a will or as a result of the Intestate Succession Act
Private properties
Properties owned/acquired/disposed through nominees regardless of properties location
 

adaang

New Member
Dear ladies, I am in a battle for my matrimonial flat. I have the custody n both he n myself wanted the flat. He laid his hands on me n filed divorce against me based on 3 years separation. I paid for all the cash upfront for the flat and all renovations n fixture n fitting.
I married to him right after I complete my last semester of poly when I found myself pregnant. Hence I do not have much CPF contribution to pay for the flat. He paid 9k CPF whereas my mother paid 8k CASH and I paid 1k CPF.
As I do not have anymore CPF and is not working due to my pregnancy, we agreed that he should contribute more CPF so to lighten the balance cash monthly installment.
His CPF contribution is $382
while cash portion is $271 payable using rental income.
Due to the first mistake made during the purchase of flat to allow him to pay more CPF contribution, to date it accumulated CPF contribution for the flat shown 80% and mine is 20%. We have been separated for four years and he has been dragging the divorce for years. His dragging allows him to accumulate great differences in the CPF contribution.

I moved into this matrimonial flat when hdb prohibit us to let it out. I moved moved the house, renovated the house, build this house all by myself. He was oversea working when this happens. He had never stayed in this matrimonial flat, no physical contribution at all. In conclusion,he only contributed CPF and that's it.
He now gave me two options. First transfer the flat to him n third party n pay back only my CPF portion. 2nd return the flat to hdb ask me n my ger to sleep outside the house.
My marriage is a total scam. He marry me so to have a good life and thought can be a young master in my family. All he has contributed to this marriage is just $500 a month n take my family cars as his. No need to do anything. Free meals, free lodging in a landed property, free nanny etc. He thought that by marrying me my life is fated to be under his control. He showed me his true colors just one or two day after rom. No matter how I chase him out he simply just don't go!

I needed justice. I am married n ought to moved out my mothers place n hv already done so. Now I am facing homeless treat. I cannot allowr this flat to be sold n let him earn. He has ruined my life. He take the marriage as his good life making tools. He should not benefit from this marriage otherwise there will be no justice. It is so easy for a husband to support a family! All he need is just pay $500 a month got wife got daughter. The support only $500 a month and at the end of the day gain money from the hdb flAt.
If this is how a marriage should work for man..women out there rather be single.

Now the question is. Can i surrender the flat as MOP not met and pay the penalty? Thereafter apply to retain the flat as I have the Care n control? He will not let me have the flat for sure. He wanted the flat to himself n take the gAin for himself only. Hence I only left with surrender. Please help to advise.
Thanks
 

cococherry

New Member
Do u have the bank statement or any records of yr contribution?
Neither parties can retain if either one surrender, that's what happen to my friend's case. It's will be better to check with yr hdb officer on criterias and how to appeal to retain flat.

Whereas for the marriage, u made yr personal choice by marrying him. The fault shoud be equally share between both of u, he couldn have done his dirty acts without your initial support.
 

bberries2

New Member
My divorce case is a complicated one. We are no longer in talking terms and our lawyers have been representing us. We have been separated for 3 years and I am staying with my mother while he still stay in the matrimonial home. My lawyer told me that my case is coming to an end soon and that I should start looking for an agent.

I am hoping to look for not only experience, but also a patience MALE agent to deal with my soon ex-husband who is quite difficult to deal with.

Do drop me an email - [email protected] if you an agent that fits the description.

Thank you.
 

adaang

New Member
Hi choco,

Many tks for ur reply. Yes. I hv bank statement to prove that my mother paid for the reno n initial cash deposit for the flat. I just went to mediation yesterday. He insist on return the flat. He also said there is no penalty. I bought the flat at 180k.
Is it true no penalty? I asked hdb they said hv. But he is firm tat there isn't. If there isn't would he gain?
 

adaang

New Member
Hi choco,
U mean even if court order to return the flat I can still appeal to hdb to retain the flat so long I hv the custody?
 

cococherry

New Member
Fengjiao, the penalty to hiim should be minimal if he is getting back 80% when u r unable to produce proof. Basically u r the one who's paying for the penalty when u do the calculation.
Have u collected keys? Yes from what I know it will incur a penalty.
My friend tried appeal but it was unsuccessful because her ex bf surrendered it. U need to check with hdb clearly on that.
 

adaang

New Member
Hi Coco,

Then if the flat is returned with penalty paid. Can I sstill appeal to hdb to retain the flat which I hv the custody of the child? I asked the hdb..they say cannot..I dunno about the appeal part..am I able to appeal to hdb when court judgement for the flat to be returned. Cos when I read doll's reply for one of the incident above, she say can appeal to sell in open mkt even court order is out.but my case is to I retain the flat with my daughter. Is is possible? Can anyone else advise?
 

adaang

New Member
Jehovahlove have experience in regards to retain the flat n experience with MP. Any advise how I can check the matter with her?
 

shenoes

New Member
Me and my ex had file for annulment and the court has approve with it.

Now my qns is me and my ex has just received our keys and from what I read from HDB web, it's stated that If a divorce is due to the non-consummation of marriage, annulment of marriage, or there is a break-up of the Fiancé / Fiancée relationship, neither party is allowed to retain the HDB flat.

And from what I've read some of the post in this forum, we will have to pay for penalty as well?

I've emailed the respective person incharge of my flat but till now still no response from him.

Anyone famliar with the law in this, pls advice.

Thank you :D
 

bberries2

New Member
I am seeking advise on what I can do next.

I had gotten the Court Order to sell our HDB flat within 3 months but I do have a problem. 3 years ago I had moved out due to the my ex unreasonable behaviour and I got to find out that he had changed the padlock which restricted my access into the house and he refused to change back the old padlock. My agent who tried to contact my ex, he kept saying that he is busy to meetup. he had already been delaying for 2 months months. The thing is, the flat is under joint tendency and I am still contributing 80% cpf money for the past 5 years as he is jobless. He has gotten his own agent and is difficult to arrange for meetup as he kept changing the appointment. My agent could not do anything to proceed now. I am really trouble that the flat is not able to sell as he kept making excuses and delaying the process.

what else can I do?
1) if the court order says that flat to be sold within 3 months, if still no progress after 3 months, will the court or hbd enforce anything moving forward?
2) what if the agents are to co-broke, how should their commission be calculated if my share is 70% of the sale proceed?
3) Worse case scenerio, can I exercise my right to get a locksmith to cut the padlock? my stuff and furniture that I bought is still in there.
 

the_wierd_one

New Member
Hi Peeps,

Just like to clarify, for couple that are divorced, is it a must that they have to sell the house?
Can the house remain in joint ownership as it was?

Flat bought is a resale flat in 06 and it's been more been more than 5 years.

Cheers!
 

lbk

New Member
hi, can any kind soul please pm me the template for appeal to hdb to sell before mop due to divorce. house already 3.5 yrs old liao. thank u very much.
 

ayaya

New Member
i have the same request as lbk mentioned.I think for all the childless couples below 35yrs who wish to retain the matrimonial flat within MOP, appeal to HDB is the only way...
 

tornado

New Member
Hi, would really appreciate someone could pm me the sample of letter (pls omit all personal info) to appeal to HDB to sell my flat in open market which is within MOP. Thank you very much !!!
 

Jay Al

New Member
I face a similar problem. I am getting divorced and my flat is under MOP (I've owned it for 4 years 2 months). My lawyer told me that it is unlikely for the divorce proceedings to drag for 10 months and cross the MOP, so I might have to surrender the flat to HDB. However, my ex's lawyer told her that selling the flat in the open market would be "no problem". Who should I believe?

In any case, I believe selling before MOP is up requires appealing. Can anyone share successful cases?
 

lbk

New Member
Mine under mop, my lawyer says no problem if I selling to her at market value. Can be done.... my case still in progress.
 

Jay Al

New Member
I want to sell to the open market. Neither I nor my ex will be eligible to retain the flat. I heard it can be done only if the divorce date is really near the MOP such that the 3 months period for you to sell will cross the MOP. Any truth in that?
 

Jay Al

New Member
Hi lbk, your case is quite different from mine then. I have no children and just trying to get a clean break without going broke.
 

Luna.T

New Member
My flat will reach its MOP in next January. For the sake of 3 years separation requirement, is it still considered as valid if the separation take place during the 5 yrs MOP?
 

Lostsoul22

New Member
Hi guys,

Kindly advice here, if we are to annul our marriage and owned a new Dbss, I understand that we will be forfeited 20% of the house value. Can this 20% be paid by the CPF that we already used when we pay for the flat or need to use cash? Also some renovation has been done to the flat, do we need to undo all the Reno done and return as its original state?
 

jimmyr

New Member
Dear all

Hope i can get some replies here.

I was recently divorced. My HDB flat was under both ex husband and myself.
After months the hdb 5 room was sold in August by my ex husband. Without me notified when. All transactions were made by his lawyer. I was given a 33% from the sales proceeds. But till date i have not received any notification from his lawyer about my shares from the sales proceeds.

I paid a higher percentage in the hdb loan as his cpf was low then. It was a 25 years marriage. In the last calculation his lawyer sent me, it was that I have to fork out cash. But till date, i have not been informed of any cash payouts. I believe his lawyer is cheating. I have cheked with cpf and there was no shortfall and all of my cpf had been credited back into my cpf account. I went to hdb to check and was told that since there was a lawyer involved in the sales of the flat , i have to check with the lawyer and hdb will not get involved.

I need to know all the breakdown of the sales of the flat to know what the amount of cash money i may get.

My cpf paid was 183k all of which had been refunded back by cpf and his 121k. The flat was sold at 410k. We bought the flat then at 220k.

I wrote to his lawyer but received no replies till date. I am jobless now.

How will I know the breakdown of the sales proceeds and what is my rights to know about the sales proceeds?
He and his lawyer had been cheating all along the divorce proceedings.

What can be done now?

Please help me .

Thank you.
 

gladjo

Member
Jimmyr

When was the flat sold? Do you have your Divorce order? When was the order dated? It could be a negative sale ..have you gone to CPF board to clarify the calculations? You have to include HDB loan n interest n Stamp Duty.

Did you go to CPF corporate office to submit yr divorce order? Didnt yr lawyer tell u? Have u gone to HDB to sign the papers ? Both parties must sign.

Unless u ignored the house agent notification to sign the sale..he cant sell unless you are not co-owner.

But still have to read your divorce order..it states very clearly n he cant do what he likes or once he breach the order,its a heavy offence.
 

gladjo

Member
Jimmyr

When was the flat sold? Do you have your Divorce order? When was the order dated? It could be a negative sale ..have you gone to CPF board to clarify the calculations? You have to include HDB loan n interest n Stamp Duty.

Did you go to CPF corporate office to submit yr divorce order? Didnt yr lawyer tell u? Have u gone to HDB to sign the papers ? Both parties must sign.

Unless u ignored the house agent notification to sign the OTP....he cant sell unless you are not co-owner.

But still have to read your divorce order..it states very clearly n he cant do what he likes or once he breach the order,its a heavy offence.
 

jimmyr

New Member
Jimmyr

When was the flat sold? Do you have your Divorce order? When was the order dated? It could be a negative sale ..have you gone to CPF board to clarify the calculations? You have to include HDB loan n interest n Stamp Duty.

Did you go to CPF corporate office to submit yr divorce order? Didnt yr lawyer tell u? Have u gone to HDB to sign the papers ? Both parties must sign.

Unless u ignored the house agent notification to sign the sale..he cant sell unless you are not co-owner.

But still have to read your divorce order..it states very clearly n he cant do what he likes or once he breach the order,its a heavy offence.



Hi Gladjo,

The judgement order is 66% and 33% share after the sales, commisons and stamp fees.

I was not called to sign the documents at hdb but a notice was sent with the form for me to sign.

I was not represented by a lawyer during the sales of the flat.
I had checked with cpf. But they only tild me that they only take care of the refund to which all was correct. Whatever i had contributed was refunded back.

All but only the share has not been informed by his lawyer who was acting for him during the sales.

I wrote via email to his lawyer about 2 weeks ago asking for the breakdown of the sales proceeds but till date have not received any reply. The lawyer knows that I cannot afford a lawyer. I suspect the lawyer and my ex husband to be cheating on me.

The divorce was finalized in Nov 2015. The flat was sold in Aug 2016.
It is Nov now.

Late in Nov 2015, his lawyer had sent me a letter stating that I had to fork out cash to CPF as there may be a shortfall . but cpf has clarified there was no shortfall and true that what had been contributed had been refunded.

Is there anyway that I can force the lawyer to send me the breakdown of the sales proceeds ?
If otherwise, I will never know what was the profits from the sales.

What can be done now?

Thank You very much in advance.
 

gladjo

Member
I nees to review your divorce order .. cos yr divorce order will state everything ....the only reason he can sell without yr consent is :
1) u r not staying there
2) so he cant notify u

N so proceed to infm court that he proceed tomsign OTP without u

Re-opening a close case is very tough..i.pm u
 

baobao3110

New Member
hello, any one have same case.
we deciding to get divorce. our hdb is under MOP which is about only 2years+ and im under 35years old with a child.
im de main applicant. he and my son is only as an occupier. all payments n cpf paid to the flat was only made by me for this few years. if we were to divorce, is there any chance that i can retain the flat?
 

Serene Lum

New Member
hi all,

I need help. I have sought HDB & they push to the lawyers. I have asked a few lawyers and they all said HDB decide. please help me. I have also been reading through the website for answers and questions about the matrimonial flat & retention of an HDB unit in the event of a divorce. But I could not find any relevant answers to my case. I have spoken to a few lawyers but they are not able to help too. Please help me.. please.

I am 38 years old, working mother, currently going through a divorce, 2nd divorce. Both decided to go for an uncontested divorce in Oct 2018. However, we owned 2 HDB units at the moment. One we are trying to sell for at least the past 24 months with no OTP or offers from buyers, and the new unit, we collected the keys in Dec 2016. I have stayed in the new unit since Sep 2018.

HDB flat purchased during this 2nd marriage-
  1. HDB Unit A: Blk 337D Tah Ching Road #02-19 / Joint-tenancy since 2009 / Spouse has outstanding as he has no cpf for the repayment deduction
  2. HDB Unit B: Blk 812C Choa Chu Kang Ave 7 #16-631 / Joint-tenancy since 2016 / Spouse has outstanding as he has no cpf for the repayment deduction
I will like to check:
  1. Which is the matrimonial unit for this marriage?
  2. I have a son, 14-year-old (Sec 3 this year) from 1st marriage. HDB Unit B has not reached MOP, but spouse has agreed for me to retain the unit as my son is studying in the nearby vicinity. Am I able to retain the unit?
  3. If I am able to retain Unit B, but Unit A still not sold? What can I do as my repayment interest for Unit B is not the subsidised 2.6%
  4. If I am able to retain Unit B, with Unit A sold at the resale market, am I able to use the CPF monies to pay for spouse CPF which he had contributed?
  5. If Unit A not able to sell in the resale market, what are my other options?
  6. If Unit A not able to sell, and Unit B I am not able to retain, can I apply for a new unit under Single Scheme or Family scheme with my son in occupancy?

Please help me. I would like to know what is there for me before my divorce procedure so that I can secure my future with my son. Thank you for the time to help me & appreciate if you can reach out back to me.
 

akina

New Member
Hey guy, is it true if a divorce couple decided to sell their house on open market, the judge had to agreed on their decision?

Another question what if the divorce couple were on their pioneer age, will there any lenancy especially the lady?
 

InDilemma

New Member
My divorce had been completed. Court order says the flat is to be transfered to my name. This transaction also done. The flat was not under MOP. The flat is now solely owned by me. Will I be tied down to a new MOP from the date of transfer?
Hi tklvince
Would appreciate your sharing on the basis of Court order on transfer of flat share.
 

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