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Dear Sir/Mdm,

The best solution is write in to HDB and appeal to sell early, the approval is subject to case to case basis.

I have see some cases similar to yours case, appeal successfully before.

Feel free to contact me if you need any clarification.

Thanks and Regards
Johnny Goh
R018297H
Associate Group Director
OrangeTee.com Pte Ltd
Mobile: 9090 6267 
Email: johnny.goh@orangetee.com
www.johnny-goh.com Read More

Good evening,

Based on the court order, you will be required to sell the unit within 6 months. However, not all such sales will end up in negative sales. In fact, for most of the cases, we can write in to HDB for appeal.

Do feel free to contact me for further discussion.

Regards
Mike Lim
 96929209 
m52i@yahoo.com
ERA

Looking for an experienced agent with knowledge on sales and purchase of residential property in Singapore?
With more than 10 years experience on cases related to:

1) Mental Capacity Act
2) Long Lasting Power of Attorney
3) Esate Planning and Distirbution
4) Divorce
5) Bankruptcy
6) Purchase of HDB after Retirement Age

You can be sure that your concern and doubt will be cleared. This would allow you to move forward in one of your life's most expensive and rewarding decision with ease of mind. Read More

Hi,

I am sorry to hear about your situation. I have assisted clients who are in a similar situation as yourself and these are 2 important issues to consider before you make a decision.

1. Which year was the flat bought? If you have bought it more than 4 years ago, then you would need need to pay the Seller's Stamp Duty when you sell. If it is less than 4 years, then you will be liable and it may be hefty.

2. If you are taking over the flat, do you have the financial means to take over and after taking over, will it be too taxing on your financial status.

Please feel free to contact me so that I can understand your situation better before I can provide you with further assistance!

Regards,
Nick Tan
(M) +65 9644 4854 
B.Eng(Chemical)(Hons)(NUS)
Cert-in-REA
(E) nick96444854@gmail.com
(W) www.nick-tan.com

Featured on Council for Estate Agencies (CEA) Newsletter:
https://www.cea.gov.sg/docs/default-source/module/newsletter/3-2017/bouquets-for-property-agents.html

Testimonial from Satisfied Clients (2016/2017)
“I would like to recommend Nick Tan from SRI. Before we engaged Nick, we were working with another agent from a very popular property agency in February 2017. We decided to terminate the contract after 5 weeks of zero viewings and no paper advertisements. Basically he was just waiting for phone calls. We engaged Nick on 20th April and by 10th of May, our unit was sold off. Why Nick? 1. He has good marketing strategies 2. He always kept us posted on what he did (communications!) 3. He made sure we understand the current market situation but he will consistently reassure us that the unit can be sold off 4. He is not greedy and trusting 5. He walks the talk”

Peter & Wendy (Property Seller)

“We are very grateful to Nick for his extensive marketing efforts. With his comprehensive marketing plan, he helped us to achieve a record selling price within 2 weeks of listing our property for sale! We highly recommend his service to anyone who is keen to sell their properties.”
Mr & Mrs Wong (Property Seller)

“Nick has conducted himself ethically and professionally when handling the sales of our property. Thanks to his patience and perseverance, we managed to secure a sales price beyond our expectations.
We are very happy and satisfied with his services and will definitely recommend him to our friends and family in the future.”
Mr & Mrs Tan (Seller of Inter-Terrace House)

“Nick provides a delightful customer experience from day one when I engage him as my agent to look for a flat of my choice to the completion of the deal. He is competent, resourceful and has a pleasant manner to work with. He is the Agent of my choice in dealing with properties and I would highly recommend him to others who would appreciate an agent that takes care and can give the customer a peaceful mind.”
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Mr and Mrs Chan (Sold and Bought a property through Nick) Read More

Hi,

You have 2 main concerns here, (A) Flat retention, (B) Penalty of selling under MOP.

(A)For divorce case without children, you have to fulfill certain conditions before allowed to retain the flat:
(1) You are a Singapore Citizen (SC)
(2) At least 35 years old
(3) Current flat bought without CPF housing Grant for family

If you cannot satisfy any of the 3 conditions, there are alternative as list below:
(a) For (1), if both of you are not a SC. You are not allowed to retain but to return to HDB if MOP has not completed.
(b) For (2), if you are less than 35 years old, you have to find another person to retain the flat. That is, to apply under finace/finacee scheme, or parents under family scheme.
(c) For (3), if bought with grant, you are not allow to retain under SSC scheme, but only can include another person to retain the flat. Please see (b).

To conclude, if you can't satisfy all the above 3 conditions, and could not satisfy the alternatives either.
You will have to appeal to HDB with a satisfactory reason other than to gain profit from the resale proceed when it reach MOP.

There are successful cases which reasons are varies.

Please also note that condition (1) is the most crucial and critical condition, your case will be dismissed if you cannot satisfy (1).

(B) In fact there are no special financial penalty from HDB, but only the seller stamp duty (SSD) applies.
SSD is tabulated as such:
if property bought between 14 Jan 2011 to 10 Mar 2017 (which I believed yours fall under this category):
16% if bought within 1 year 16%
12% if bought more than 1 year up to 2 years
8% if bought more than 2 years up to 3 years
4% if bought more than 3 years up to 4 years

Hope the above answer to your main concerns, but if there are more queries, please feel free to contact me at 90110636  , or email: ling.ck7@gmail.com if more information is needed.
I'll be glad to assist.

Best regards
Ling CK
 90110636 
ling.ck7@gmail.com

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