5 Answers

askguru expert
Hi there, thanks for writing to us on AskGuru.

1. You can only sell your share in the property if the property is held under tenancy-in-common. If it is held under joint tenancy, then it is more complicated.

A joint tenancy can be severed (cut or split) and converted to a tenancy-in- common by an instrument of declaration.

A joint tenancy can be severed by the following:
1. By alienation: which means by selling away one’s share making the joint tenancy a sole ownership or tenancy-in-common. For example, one of the co-owners need money, sells his share to his other joint tenant, such that it’s now owned by one owner, sole-ownership.

2. By partitioning by mutual agreement: means breaking the joint tenancy by way of mutual agreement.

3. By partitioning via court order: e.g in divorce where the court will instruct the divorced couple to dispose of the marital home and split the sale proceeds according to a certain apportionment by percentage. This effectively breaks up the joint tenancy into ownership by percentage shares.

You can go to HDB's office and pay an administrative fee to request for this transfer, provided all parties are agreeable to this. This is the more affordable option as compared to getting a conveyancing lawyer to do it for you. In the form, you will have the option to base your flat valuation based on the recent market transaction for similar HDB flats in your area. You may refer to HDB's link here: https://services2.hdb.gov.sg/webapp/BB33RTIS/BB33PReslTrans.jsp?fbclid=IwAR3gGOuYjgjyhCm6kgkHcjSh2OdKxELcs-kmTssf91OyWwIfqEE_jzkpehg

It can also be based on the median price in your HDB estate. You may refer to HDB's link here: https://www.hdb.gov.sg/cs/infoweb/residential/buying-a-flat/resale/getting-started/resale-statistics

After this is done, you may transfer your share to your mother provided she meet HDB's eligibility conditions. You may refer to HDB's link here: https://www.hdb.gov.sg/cs/infoweb/residential/living-in-an-hdb-flat/changing-owners-occupiers/change-in-ownership/transfer-of-flat-ownership/eligibility

On top of that, your mother be able to able to service the mortgage.

On your end, you must settle any outstanding amounts to HDB such as fire insurance premium, late payment charges or bill charges before the application for transfer can be considered.

A Buyer's Stamp Duty (BSD) of up to 3% will apply for the shares that were sold to the other party. You may refer to IRAS's link here: https://www.iras.gov.sg/irashome/Other-Taxes/Stamp-Duty-for-Property/Working-out-your-Stamp-Duty/Buying-or-Acquiring-Property/What-is-the-Duty-that-I-Need-to-Pay-as-a-Buyer-or-Transferee-of-Residential-Property/Buyer-s-Stamp-Duty--BSD-/

You may also be liable to pay for Seller's Stamp Duty. You may refer to IRAS's link here: https://www.iras.gov.sg/irashome/Other-Taxes/Stamp-Duty-for-Property/Working-out-your-Stamp-Duty/Selling-or-Disposing-Property/Seller-s-Stamp-Duty--SSD--for-Residential-Property/

2. Your mother can rent out the unit if you have met the 5-year Minimum Occupation Period (MOP).

Hope this answers your question.

Best Regards,

Team PropertyGuru Read More

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Ivan Ng
Hi,

If you are doing a transfer of ownership to withdraw your name from the hdb, stamp duties may not be applicable. But should the transfer be workable, however, the buyer stamp duties for the private property is still applicable based on the purchase price.
Do note your mum also needs to refund your CPF utilized + accrued interest that you have used for the current flat. Is she still getting income?

It be good to confirm with the hdb branch side as transfer eligibility is up to their approval and also on the MOP computation for future subletting if the transfer is workable. To my understanding, since both of you are owners from day 1, and under same scheme, need not reset MOP. But all these are subject to hdb Branch approval so no one can give you an exact answer except the hdb branch office based on your case assessment.

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

Warm Regards,

Ivan Ng Realtor
ERA Senior Marketing Director
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We appreciated your process of selling and buying of our property are very systematically and well executed, from financial calculation to the purchase procedure of our new house. We are always being Read More

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Aaron Chong
Hi, I would be most glad to assist you further and pls feel free to let me know if you need any assistance. Hope to hear from you soon and have a great week ahead. By the way, nope there is no ABSD involve but your mum would need to have sufficient funds to buy over your share.

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

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Silvia Yang
Hi Sir/Madam

I will need more information to be able to advise you
I will be glad to assist

Appreciate if you can contact me at (65) 96608508 or Silviayang8@gmail.com with details of your unit
or click here https://bit.ly/WaSilvia to whatsapp me for no obligation discussion
Thank you.

Warmest regards,

Silvia Yang

Senior Marketing Director
ERA Realty Network Pte Ltd
Mobile: (65) 9660 8508
Email: Silviayang8@gmail.com Read More

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Robbie Chen Chee Howe
Hi,

You can withdraw your name from your current flat. Do take note that should you do that, your Mother will need to refund all the CPF monies (plus accrued interest) that you had utilised from your CPF-OA for the flat.

As long as you purchase a property, stamp duty is payable. The amount of stamp duties payable is dependent on your Citizenship status and the number of residential properties you currently hold.

As long as you have met the MOP of the flat, she is free to rent out the HDB flat.

I am experienced and well-versed in both HDB and private transactions. I will be able to assist you in your property plans.

Should you need require further assistance in matters relating to property, please contact me at my mobile 9748 6305. I will be happy to assess and share with you the possibilities for you in the current market.

Thank you.

Best regards,
Robbie Chen
9748 6305
PropNex Realty Read More

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