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Can I keep my HDB flat when I divorce?

by PKWA LAW PRACTICE LLC

· Singapore,HDB,division of assets

Can I keep my HDB flat in a divorce?

That depends.

If the HDB flat is a matrimonial asset, the Court can make an order for your spouse to transfer his share of the flat to you.

But it is very important that your lawyer checks with HDB that you are eligible to retain the flat. You should also check with your bank whether you can get refinancing to reimburse the CPF money that your spouse used to buy the flat, and to pay any cash amount that your spouse may ask for in return for the transfer.

As at June 2016, HDB’s current policies on HDB flats after divorce are as follows:

Divorced with children

If you have custody (and care and control) of your child, you can retain the flat if eligibility conditions are met. (Divorce must not be due to non-consummation of marriage or annulment.)

Divorced without children

If you have no children from the marriage, you can only retain the flat under the Single Singapore Citizen Scheme if:

  • You are a Singaporean Citizen
  • You are at least 35 years old
  • Your matrimonial flat is a resale flat purchased from the open market without the CPF Housing Grant for family.

For matrimonial flats bought directly from HDB and resale flats bought with the CPF Housing Grant for Family, the 5-year MOP must be satisfied before you can take over the flat under the SSC Scheme.

When can you sell your HDB flat

If you wish to sell your flat in the open market, you must have satisfied the MOP by the divorce completion date.

Are you going through a divorce and have questions? Call the PKWA Divorce team at (65) 6854 5336 for a free first consultation with our lawyers.

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