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Hi.

I just got my court order for divorce in end June. As stated in the court order , my ownership of the flat has to be transferred to my ex-spouse within 6 months from the court order date.

I’m currently looking to purchase a BUC Condo by next week therefore will I incur any absd since he has not effect the transfer. Can I apply for the remission of absd under the Matrimonial Proceedings?

If he takes his own sweet time to effect the transfer, is there any way I can do it from my end?
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4 Answers

Hi,

1) It is good that you at least ask before the act.
2) Remission of ABSD for a Matrimonial home defined by IRAS is such that it must be upgraded from one existing to another.
This is only applicable to the same couple who are purchasing another while still own existing.
3) Both must have ownership of the existing and new purchase.
4) Without satisfying the (2) & (3), you will not be eligible for ABSD remission.
5) Under your situation, you still own 1 property regardless of the amount of share under the eye of IRAS. Thus when you sign the S&P before completion of the transfer you are liable to ABSD.
6) He has up to 6 months to effect the transfer according to law, you can't force him to expedite this legally.
7) Effect means the transfer process has to be completed by end of 6 months, otherwise, he is violating the law. The only way to let him understand that it is not just signing a paper.
The whole process can take up to 4 months according to the current HDB busy schedule. Plus he will need to submit the document to apply for a new loan for the takeover, that will takes about 2 weeks. Thus according to the estimated timeline, he only has about 1.5 months to sort out all his issue and start the transfer process.

Hope the above answer to 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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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, may I ask why is there a need for you to purchase a new unit by next week and could you actually wait ?

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

Technically you still own a property if he does not effect any transfer, hence absd is still applicable. Another question would be is he financially equipped to take over the flat? Remission of ABSD is not available for your case as it requires joint name purchase by Singaporean couple for matrimonial property as a first eligibility condition.

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,

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Dear Sir/Mdm,

You will not be able to apply for the remission as you will not be able to satisfy the conditions for remission. You may want to get your lawyer's assistance to get your ex spouse to effect the transfer as soon as possible. if not you may also apply to high court to allow you to sell the flat in the open market.

Please feel free to contact me so that I can understand your situation further and provide you with further assistance and recommendations.

Regards,
Nick Tan
(M) +65 9644 4854 
B.Eng(Chemical)(Hons)(NUS) / Cert-in-REA
(E) nick96444854@gmail.com
SEAA Salespersons Achievement Platinum Award 2020

Visit my website to get to know me better:
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