Divorce - Issue of HDB Flat

[tosamtan]

Hi, just want to find out if anyone knows what the scenario would be for my case:-

HDB flat is fully paid. I assume we can get HDB's approval to sell it on the open market. But if my hubby takes over my share of the flat, how or who would determine the final amount for the flat that will be due to my CPF Ord A/c? What are the determining factors? Thank you

 

[sgbabydoll]

I believe you have to put back the same amount of CPF money that has been withdrawn, plus interest. Anyway, why not just ring up HDB and clarify your doubt.

 

[betty81]

yes, doll is right. d amount taken from CPF has to be reinstated. so if say u contribute 40% to the loan and he contributes 60%, the amount will be credited back to your CPF in this proportion when the flat is sold.

 

[pngsh]

Hi Betty, what if the wife is not working and the HDB is fully paid up by the husband?

Does the wife get anything in the end?

 

[jerix]

Whether the wife get anything depends on few factors. If no agreement, then its up to the judge.

 

[faith23]

for my case I took over the fully paid flat by both of us. There is a rules that the wife can choose not to pay what the ex paid and he dont need to repay that amount to CPF either when I took over. They strictly follow what the court order said.

 

[sgbabydoll]

"There is a rules that the ex-wife can choose not to pay what the ex paid and he dont need to repay that amount to CPF either when I took over. They strictly follow what the court order said."

This happens if the wife has the care and control of the children. If the ex-wife decides to sell the flat in future, the ex-husband's CPF account will have to be reimbursed.

Not too sure what would happen if the ex-wife decides to remarry.....ex-husband may have the option or rights to apply for flat to be disposed of in the market.

 

[faith23]

What I understand from the branch office is that is not because of the care and control of the children allow me not to reinburse his CPF. That apply to the ex wife who is above age 35 to take over the flat alone too.

Upon the selling of flat and the $ dont need to be refunded either. (Provided the court order stated it clearly) CPF and HDB honor strictly to the court order.

 

[sgbabydoll]

You mean this is like alimony payout?

 

[faith23]

No this is not. Separate issue

 

[leibit]

Hi Faith, does it mean that when u sell the flat, ur ex did not get his CPF refunded to his CPF account at all for all his contribution? Or did he get partial refund?

 

[brother_sad]

There are a few factors here.

Firstly, can your ex-husband retain the flat alone. If he is below 35 and he has no custody of any child, or he has no siblings or parents to retain the flat, HDB will not allow retaintion of flat. Flat must be sold or surrendered.

secondly, you must act accordingly to the Order of Court. Before the Order is finalised, your solicitors will usually write to HDB to confirm if the flat can be retained by either party, or it has to be sold. Your solicitor will also ask the 2 of you to come to an agreement, if no agreement is met, COURT will decide for u. So, if the court states that the flat is to be sold, then a transfer will not be possible.

thirdly, how long have you owned the HDB flat. And did you buy it directly from HDB. If you bought it directly from HDB or you bought the flat with Housing Grant, you will be able to sell it after 5yrs. No need to ask HDB if can sell or not.

If your ex takes over your share, the amount of CPF that you have used will be returned back to ur CPF (plus accrued interest). There are a few scenarios for which who states the sale price of the flat. 1 will be court, 2 will be by sale of part share. Its better for u to check with Branch Offices.

 

[faith23]

Leibit,
As long as your lawyer stated in the legal paper and the court approved it. Yes you do not need to refund his CPF at all. CPF and HDB honor the court order.

Ask your lawyer for details. Calling branch office or CPF they will only tell you that they will refer to the court order.

 

[Keith UK]

If the divorced wife remarries, what happens to the HDB flat she co-owns with her ex-husband?

That she can no longer have a HDB flat in joint names with her ex-husband as she has remarried?