5 Answers

YT Tan (陈永达)
Good morning Ms,

Sorry to hear what you are going through.

You mentioned you bought your existing place on April 2018 therefore you can only sell your house 5 years later in which will be April 2023 unless you guys file for divorce and get court order to appeal to sell before 5 years MOP is up.

You can buy a resale HDB with your daughter if you own the legal custody, care and concern. If its a joint, you will have to get a signed consent from your hubby.

Hope my sharing helps in aiding in your enquiry. May I know how can I value add further in your property needs?

Best regards,

YT Tan
Property Kaki
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Hi,

I would be most glad to assist you further and please feel free to let me know if you need any assistance. Have a good day ahead. By the way, you could only sell your flat 5 years later but in the event of a divorce proceedings, you could appeal for early approval to sell and need not wait for 5 years.

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More
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Good morning,

Sorry to hear about what you are going through.

The 5 year MOP period will only reach MOP in April 2023, that is the earliest it can be sold. If you decide to go through the divorce proceedings now, and have a court order that requires both to sell off the flat, it is potentially possible to use that to appeal to sell within MOP period with special HDB approval.

If you have legal care and custody of the child, you can purchase resale HDB with the SC daughter. If its joint custody, you need a signed consent from the ex partner.

Hope the above clarifies. May I have more info and requirements about your plans so as to make better recommendations? Thanks and look forward to value-add to your housing plans.

Warm Regards,

Ivan Ng Realtor
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Hi Mdm,

Sorry to hear about your situation. Yes you will be able to sell this flat once you have fulfilled the 5 years Minimum Occupation Period (MOP). If you are undergoing a divorce, we can appeal to HDB for a special approval for you to sell your flat before the 5 years. You may purchase another resale flat with your daughter if you have her legal custody.

I have assisted many of my clients who are undergoing a divorce and in the same situation. Please feel free to contact me so that I can understand your situation better and assist you further!

Regards,
Nick Tan
(M) +65 9644 4854 
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(E) nick96444854@gmail.com
SEAA Salespersons Achievement Platinum Award 2020

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Hi,

1) Unless you reach this stage of separation you are not allowed to sell the current flat before meeting the MOP in 2023.
2) You are eligible to buy a resale HDB flat if you got the legal custody and care of your daughter.
3) But you may need to be aware that you can only file for a divorce after married for at least 3 yrs.
4) There are also other conditions to meet before a divorce can be granted. Below are the conditions for your reference:
* Adultery - It is whereby one party has been unfaithful and been caught having sex with another person.
* Unreasonable Behaviour - is a really broad term. It could include physical abuse, emotional abuse, alcoholism, gambling problems, and squandering of money.
* Desertion - It is whereby one party has been left alone with support for a continuous period of 2 years without any intention of returning.
* Separation for 3 years - It is whereby both parties have lived apart for a continuous period of at least 3 years. Consent by both parties is required.
* Separation for 4 years - It is whereby both parties have lived apart for a continuous period of at least 4 years. Consent by Defendant is not required.

Hope the above answer your main concerns, but if there are more query, 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
https://R056727F.propnex.net/
https://www.facebook.com/Homesellerbuyer

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