Sell Flat First, Then File Divorce?

tosamtan

New Member
Just wondering whether it's better to put flat on sale first then file for divorce or the other way around? And, is the divorce process shortened cos I understand that the some laws changed recently like no need to make any court appearance? Any advice would be appreciated.
 


mark78

Active Member
yeah. there is recent change in divorce law. as long as both parties agreed on the terms on the alimony and divorce the court waive the need to appear in court. Please correct me if i am in wrong. maybe soon we will have an online divorce me system (EDMS)
 

tosamtan

New Member
mark78, thanks for your fast reply. Any idea the process is shortened by how much? cos normally... if I understand it correctly, the divorce is finalised in about 6 months
 

mark78

Active Member
well i read abt its like 3 months but why bother abt the length of the divorce. it shouldn't be material unless u want to wed right after divorce.

now it take around 3-6 months to finalised divorce. with this new arrangements it will be lagi faster. going to be a fast food divorce. the work @ the wife/hb end, going down to a law firm to conclude the contract.

once again. pls correct me if i am wrong. read this somewhere months ago
 

tosamtan

New Member
Thanks for all the replies. I needed to know how soon it takes to finalise the divorce cos I'm thinking what's the best option for the flat. It'll be an amicable parting and I won't be asking for anything since we have no kids. Just want to make sure that my portion of the flat contribution goes back to my CPF A/C.
 
Samantha

No worry for your portion of the flat contribution as it will stay in your account. And after selling the flat, better ask for fair division of the cash proceed if any in half equation.
 

sgbabydoll

Active Member
"And after selling the flat, better ask for fair division of the cash proceed if any in half equation."

As a safeguard, this should be done before you proceed to putting the flat on sale, not after.
 
doll is right... oops i forgot... i think before the completion of hdb paperwork, can write in to HDB and ask for two cheques?

I did asked HDB to put my name in one cheque for cash proceeds instead of my husband and me.
 

tosamtan

New Member
Thanks for all the advices
happy.gif

What sort of time frame will the courts give to sell off the flat? What happens if I put the flat on sale first, then file for divorce? Cos if I finalise sale of flat first, it means I have to delay the process for another few months...
 

tosamtan

New Member
At this point, I'm hoping to settle the divorce and the flat in the most straight forward manner -- without complications so that everything will be over fast so that we both can have a fresh start. I won't be asking for any thing except that whatever funds used for the flat can go back to my CPF A/C.
 

sgbabydoll

Active Member
You need to check with your lawyer when you can start divorce proceedings IF you decide to put the flat on sale first. That is, would you have to wait till the transaction is complete.

If you start divorce proceedings first, then you need to produce both your interim and final divorce certs to complete the transaction.

Doesn't look like there is much a difference either way.
 

sgbabydoll

Active Member
Meplaa, please stop worrying about the costs of a divorce for now. Your marriage being only six months old, does not meet the legal requirement for divorce application unless you can prove you have suffered exceptional hardship. Moreover, are you dead certain on a divorce?
 

tosamtan

New Member
Hi meplaa

I have not found any lawyer yet. But I need to find one who is responsible in that he/she won't delay the process cos I have heard some horror stories. Where to find?? I really don't know
sad.gif
 

tosamtan

New Member
Hi doLL, I have been checking out postings just not sure who to go with. I don't think I want to spend time chatting with a few lawyers before settling on one. You know of a solid one that I can rely on? TIA
 

mark78

Active Member
Please take note.

If sell flat first, when come to Alimony, the hb can claim that the $ is used to pay his debts and do not have much $$$ left, ofcoz his personal assets and $ need to declare during the settlement of alimony (forgot the actual term)

If sell flat after divorce, the court order may stipulate certain conditions like, Mr A has to pay 30k from the sale of flat to Miss B for repayment of loan and then split the house 60:40 or whatever ration, thd hdb lawyer might not undertake such the convenvyancing n thus the couple need to engage their own lawyer which is around 1k diff from hdb.

hope this helps
 

tosamtan

New Member
Hi mark78

My case is not complicated at all cos it's amicable. I don't need any alimony. We have no kids also. We just want the process to be carried out smoothly without any glitches so that we can both move on..
 

gemini01

New Member
Hi doLL, can you PM me your lawyer's contacts as well? I'm ROM slightly more than a year so was wondering am I able to annul my marriage or must separate for 3 years. Thanks!
 

lapis

New Member
My bro gf is also planning to divorce with her hb...and based on the lawyer, he said better to divorce first then sell cos the judgement will say the % to be split among HB and wife and u cannot run away...that seems to be best for hostile divorce incase the HB ran away with the $$ before divorce...
 

white_dove

New Member
Hi

Can anyone recommend me a good and reasonable rate lawyer. My hubby and I have decided to part due to irreconcilable differences which cause us to quarrel endlessly, this divorce would be a uncontested divorce between both of us. We have sold our house and have stay apart for 4years. My husband has been bugging and chasing me for divorce. I don't have a lot of money, as the $ I got from selling our hse wasn't much, we sold it way below our house valuation as hubby chasing to sell the flat. Whatever $ I have, has been use to renovate my parents old flat so that can make space for me to shift back. I am very tired of my husband constant chasing for divorce, so I want peace of mind.

Anyone with good lawyer contact, please email me : [email protected]
 

pencil81

New Member
Hi, me also thinking of divorcing, just that house is only 2.5 yr old bought under SERS scheme. i really cannot stand his negligence. never bring beacon home, never pay bill, never care for son -9yrs old. home to him is just like a free hotel and i am his free maid. come home only for 3'S' Sleep/Shit/Shower. even holiday $ i have to fork out. can somebody advise me how to deal with it and how much is the whole divorce proceeding cost?$3k enough? me not earning much. if surrender flat to hdb, can i buy another hse again? who is gg to hlp me look after son if divorced cos now is my m-i-l looking after... dilemma + agony...
 
Ipy , your case sound like mine too but getting much worse than before. And i very much regretted not taking advices and warnings of some forummers of this SB. Now i am standing at the very end of the cliff and considering the divorce option. So is my husband too. We both are very tired and weary from endless quarrels over the same problems again and again. Now feeling very lonely daily after work and even on weekends but at least not so bad as i can be kept busy with taking care of my son. No adultery involved too. hmm dunno if can use this financial hardship as a main reason to end the marriage. really need some advices again.
 

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