Sell house during separation - need help.

R

rilakkuma87a87

New Member
Hi everyone,

i'm new to this forum and really need some help regarding my situation.

i'm currently on separation with my husband, have no kids and we have a hdb together. Because he has no place to stay, so we decided to keep the house for him and his mum+bf to stay. He pays a minimum rental to me every month. We signed a separation agreement that he will pass his shares to me after divorce (during sales of house, cpf will be given back to him).

Recently, i found out that he rented the master bedroom without my acknowledgement. He's profitting from this scenario.

Can anyone tell me, if he did break any laws? and can i write to HDB to appeal to sell the house before the MOP during our separation. I really scare he will do more "monkey business" while in that house.
also, if he goes bankrupt will it affect the house?
The separation is not legally binding right? he can change his words anytime right?
Right now, im worried if i take the high road and allow him to rent the room out, he will not follow the separation agreement and would contest to take back half of the ownership.
On top of it, when i talk to him i realise he has went to a few lawyers so im worried he is up to no good and im really stressed out by this entire thing.
 


who did the separation agreement? lawyer?

renting out the hdb room - check hdb website
selling the house before mop - u can check with hdb
if he goes bankrupt - depends on who u took the loan from etc

thing is, u Need to seek legal advice. and meantime surf the necessary websites for advice on hdb matters etc... Even then, u still need legal advice.

where such matters are concerned, i dun think it's wise to ask for opinions, whilst what was precedential to others May not actually happen with u. there's so many factors involved.

can u report him without affecting yourself? can u stop him if he has a signed contract with current tenant? are the tenants having legal status to stay n rent a hdb here? etc etc

pls note i'm Not advising u on what can be done, but merely telling u that u need to seek the proper channels.

we simply cannot afford to go online for advice unless there's a free lawyer here.
 
It's just dragging tactics while he tries to occupy the house and consulting lawyers on how to deal with you...

If you don't get a separation deed in your case, very risky, because that means he'd have to be willing to tell the truth that you are separated and not cooking some tales instead.

As for selling the house, you should sell the house before you divorce. Money is easy to separate not the house with so many stupid rules. The longer you keep the house, the more chances you'd lose it.

I don't trust his mum. Why should you?
 
The lawyer did the separation agreement.

I've checked with hdb. They keep telling me that legally they need 2 signatures but normally property agents only take 1 signature. If I pursue it, I will have to make a case

I asked many lawyers and all of them tells me that if the separation agreement is signed thru a lawyer it is binding.

The tenants are legal.

Does that means that if I've the separation agreement signed in front of a lawyer he can't change his mind, ?
 
I am not 100% about HDB rules but it is best that you write directly to HDB.. what is the point of us telling you if you can or not.

As to the separation agreement. What again is your purpose - since you claimed you asked many lawyers and they told you that it is binding?

Now, I am telling you that it is not binding - this is as far as I know. But it will be taken into consideration by the courts during the courts proceeding.

The Deed of Separation is a formal document signed by both parties, normally to be the basis for court orders during future divorce proceedings.

But it is not binding in the sense that the judge at the divorce hearing can change it. It is fine if both parties are still in agreement (as per Deed of separation) during the divorce proceedings. But if one party decides to change his/her mind, the judge may overturn what that was agreed in the deed of separation.

Of course, if both parties have sound legal advice when signing the deed of separation and both have exchanged full information (financial and others), and signing is not coerced or forced and if there are not significant change in circumstances during the divorce proceedings, the judge is likely to enforce it.


Now, I am giving you contradicting advice - so who do you listen to?
 
You and your husband are the legal co-owners of the flat. How's it that you will not be implicated if he breaks any HDB rules? You still want to tell on him to HDB?

I am not saying he is right but seriously, you have to look at the whole equation instead of drips and drapes of it.
 
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