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Hi, I need advice on a divorce case.
Wife at 65yo, Husband at 66yo). Currently, they are staying in resale 5rm HDB flat under Joint Tenancy, fulfilled MOP and paid in full using their OA ($160k each respectively) + cash (for COV portion)
Wife is in a dilemma between change in flat ownership (not through a sale) or a resale of part-share.

Few questions to seek advice on:
1) How will the the value of the flat be determine in order for wife to know how much to pay back to ex-husband ?
2) Does wife need to return the $160k (previously taken from respective OA for the 5rm HDB purchase) to ex-husband or CPF ?
2) Assuming they both agreed on 50/50, can the 50% that wife need to pay back ex-husband be fully deducted from her OA or RA to be returned to ex-husband ?
3) Does she need to return any money to CPF or HDB ?
4) If it is change in flat ownership (from Joint Tenancy to Sole ownership), can she still sell the flat after the divorce proceedings are finalised ? Any guidelines or MOP that needs to be fulfilled ?
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2 Answers

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, if it is just purely selling it in the open market, then just engage an agent will do. But if it is transferring the shares to the other party and if it is doable given that the cpf amount is sufficient , then you could just contact the HDB branch office of your estate to consult further.

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

1) Decoupling meaning selling all shares over to one party is not allowed in HDB flats under married status.
2) If current ownership is joint-tenancy and wished to change to unequal shares under Tenancy-In-Common. You will have to seek approval from the HDB and engage a lawyer to assist you to do so.
3) You may post your intention to the HDB, and they will guide you from there:
https://services2.hdb.gov.sg/webapp/BF12AWFeedback/BF12SFrontController?service=ServiceFeedback&operation=createFeedback#

4) If under divorce situation, you can only start the transferring process upon obtaining the final court order.
5) The amount to pay for the 50% (if this is the arrangement and granted by the court) shall depend on the valuation of the flat.
6) You will have to consult the HDB over the procedures as this is solely under their control. They will assist in the transferring process and appoint a valuer if needed.
7) The MOP will be reset upon completion of the transfer.
8) The HDB will give green light to go ahead even if this flat is still under MOP.

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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