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Hi, i and my wife owned an HDB, MOP end on Aug 2023. but sadly the divorce is in the plan right now. We spent alot of money doing renovation back then so I really wish my wife could retain the flat after the seperation.

My question is 1 : when can we start the divorce process ? if both of us are willing to wait , does that mean we need after Aug 2023 then we can start the divorce process? or we can do it before aug 2023 as long as the final judgement is after aug 2023?

Question no 2 : My wife is still under 35 years old in 2023, therefore i believe the SSCS scheme is not applicable , can she(singaporean) add her mother(ltvp holder) to retain the flat?

Thank you all for any advice provided.
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4 Answers

Hi,

Sorry to hear about the unfortunate situation, I hope you are managing well.

You need not wait until MOP in 2023 to start the divorce proceedings, and you will need the court order to appeal for early approval to sell within MOP (if needed, and if the courts decide that the matrimonial property must be sold). She may be able to keep the flat under the non citizen family scheme but it is subject to HDB approval. Does she plan to keep the flat?

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.

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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, both of you need not wait till next year and in fact once the final court judgment is out, then you could write an appeal to HDB and ask for early approval to sell which I am able to guide both of you accordingly.

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More
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YT Tan (陈永达)
Good afternoon Sir,

Sorry to hear about your situation.

You guys can proceed to file for divorce. Once final judgement/ court order is out, you can use it to appeal for special approval to sell before MOP.

If she wants to take over the unit, she must be eligible under any HDB eligibility schemes to do so.

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
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Hi,

1) It is sad to hear about your situation.
2) The legal separation process is not that straightforward. I guess you have not consulted a lawyer regarding this.
3) You may refer to this booklet released by the government to understand the process:
https://www.judiciary.gov.sg/docs/default-source/family-docs/divorce_guide_english.pdf
4) It depends on which matched your situation. If it is the intention of both parties to end the relationship. You have to wait for 3 years without contested and 4 years with a contest.
5) You will have to file a writ to start the separation process.
6) By then you already passed your MOP of the current flat. It is just whether your wife wished to retain the flat after completion of the separation process.
7) Yes, if your wife still has not reached 35 yrs old by then, she can retain the flat with her mum holding LTVP under Non-Citizen Family Scheme.
8) You also need to assist to check whether your wife has the financial capacity to keep the flat, as she will need to get enough loan to return your CPF utilized in this flat.
9) Ensure you remind your lawyer this is the arrangement both of you wish to have and draft this in to submit to the court for judgment.

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
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ling.ck7@gmail.com
https://R056727F.propnex.net/
https://www.facebook.com/Homesellerbuyer

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