In Singapore, generally, you can only sell your HDB flat on the open market after fulfilling the Minimum Occupation Period (MOP), which is usually five years. However, there are exceptions for specific situations like divorce proceedings.
Since you have not yet fulfilled the MOP and are going through a divorce, here's what you need to know:
1. **Interim Judgement:** At the interim judgement stage, the court may order the sale of the flat. However, the actual sale can only occur after the Final Judgement, which usually comes three months after the Interim Judgement (unless there are disputes).
2. **HDB Approval:** Even with a court order, you need to seek HDB's approval to sell the flat before the MOP is fulfilled. HDB will assess your case based on factors such as the reasons for the divorce, your housing needs, and whether you have any other property.
3. **Eligibility for Exemption:** If you meet specific conditions (such as not owning any other property and requiring sale due to the divorce), HDB might grant an exemption from the MOP. However, this is not guaranteed, and approval is at HDB's discretion.
4. **Alternative Options:** If your request for exemption is not approved, you may need to explore other options like renting out the flat until the MOP is fulfilled or applying for alternative housing schemes.
**Recommendations:**
* **Consult with HDB:** Contact HDB directly to discuss your situation and inquire about the possibility of obtaining an exemption from the MOP due to your divorce proceedings.
* **Seek Legal Advice:** It's crucial to consult a lawyer specializing in family law and property matters. They can guide you through the legal process, advise you on your options, and help you navigate the HDB regulations.
By being proactive and seeking professional guidance, you can better understand your options and make informed decisions regarding the sale of your HDB flat during the divorce process.
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