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Hi, I need some help, my brother and his wife bought a house in 2018 for 99 years with an hdb loan, however, their marriage doesnt last long, and their flat was only 4 years old. As for my understanding, both of them used their CPF to pay for their house. No cash involve. My question is:-

1. The flat had not met with the M.O.P but had a balance of 95 years of HDB Loan.
Do they have to pay for the HDB loan balance?

2. Does this make sense out of 100% my brother's ex-wife had to return 62% to CPF
while my brother had to return 38% to CPF so for the other balance of CPF, are they able to substitute in cash?

3. Since they pay for their flat through CPF, any possibility if they sell their flat the profit all goes back to CPF, with no cash involved. or do they still get their cash profit?

4. If the ex-wife gets more profit does she have to pay more for the hdb loan or had to split 50-50?
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5 Answers

Hi,

It depends on the eventual sale price. The sale price will first be used to offset the hdb loan amount outstanding, refund their respective individual CPF utilized+accrued interest amounts, and pay off the legal fees and agent sale success fee. The balance will be the sale cash proceeds that will be split in the allocation awarded by the judge in the court order.

Each divorce case is unique and it depends on the eventual court order. 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,

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Hi Pearl,

If your brother and wife were to split, then they will be required to sell their HDB flat.

1. If the divorce is finalised, they will be able to appeal to HDB to allow them to sell their flat. Once the flat is sold, the part of the sale proceeds will be used to clear the outstanding HDB loan balance as part of the sale process.

2. For the CPF refund, they will only need to return their respective share that they have used so far on the house plus the accrual interests. If it is a negative sale, as long as the sale price is above or at the valuation, there is no need to top up the CPF in cash.

3. If it is a positive sale, they will still get their profits in cash after the loan repayment and CPF refund.

4. If the house is held joint tenancy, then legally the profits belong to them in equal portion.

I have handled many divorce sale cases before. Please feel free to contact me so that I can understand their situation and assist them further.

Regards,
Nick Tan
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Hi Pearl,

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, since their flat is already 4 years and just 1 more to MOP, their chances of appealing to sell before MOP should be very high and with the court order.

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More
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Robbie Chen Chee Howe
Hi,

I'm sorry to hear about your brother's situation.

May I know where did you get the 62-38% split? Is the divorce contested and ruled as such under the Final Judgement?

Nevertheless, as this is a BTO, they should have still have cash proceeds after repaying the loan and refund of CPF.

I am experienced and well-versed in both HDB and private transactions. I will be able to assist your brother in his property plans. Please get in touch with me for a more in-depth discussion.

Should you need require further assistance in matters relating to property, please contact me at my mobile 9748 6305  .

Thank you.

Best regards,
Robbie Chen
 9748 6305 
PropNex Realty Read More
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Tan Pei Cheng (Pei)
Hi,
Is the final judgement out?
I would be glad to assist you.
Feel free to contact me @ 97100155 
Pei @ ERA
Senior Marketing Director Read More
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