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Hi, is it possible to divorce before MOP of an EC is reached? What will happen to the EC once divorce is finalised?

What about a legal separation, what will happen to the EC?

I also read somewhere that there will be SSD if early approval to sell is obtained. Is that true?
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6 Answers

Hi!

Sorry to hear about your situation.

Generally, it is possible to divorce before MOP of EC is reached. The settlement of the EC whether divorce or legal separation will most likely depends on court order. It is advisable for you to speak to a legal advisor for advice.
As for SSD, it is only payable within the first 3 years from the date of ownership.

Do contact me via my mobile number if you need any help!

Thank you and Best regards.
Brendan Bay
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ERA Realty Network Pte Ltd Read More
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YT Tan (陈永达)
Good afternoon Sir/ Mdm,

MOP of an EC will not hinder your divorce proceedings. But do take note that cause you are still within MOP, you have to obtain court order for your divorce then you can appeal to HDB branch office to sell within MOP.

Do take note that you most likely will not achieve the desired pricing due to prospective buyers' need to fulfill HDB eligibility scheme unlike single SC or SPR is eligible to buy resale EC after MOP.

When did you exercise your sales and purchase agreement? SSD payable is usually calculated around 3 years from the date you exercise S&P.

May I know how can I value add further in your property needs?

Best regards,

YT Tan
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Dear Sir/Mdm,

Yes you are right, SSD is applicable if you were to sell within 3 years from the date of the exercise of the option. For your case, it should not be applicable anymore. For your case, I would suggest you to appeal to HDB to ask for a waiver of the MOP so that you can sell in the open market. However, do note that once the approval is given, you can only sell to buyers who are eligible to buy a new EC ie fulfill the same criteria as buying a brand new EC.

I have assisted my clients who are in the same situation before in their appeal and have gotten approvals to sell. Please feel free to contact me so that I can understand your situation better and provide you with further assistance on the appeal.

Regards,
Nick Tan
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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, yes SSD will apply but I don’t think you are hit with it and you should have cross the 3 year mark by now. I have assisted client with similar situation as you and usually I would ask them to first write an appeal to HDB for approval to sell before MOP once the final court judgement is out.

Regards
Aaron Chong
 9730 8455 
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Hi,

Sorry to hear about the situation.

One can still start the divorce proceedings even though it is within the MOP period. The MOP of the EC will not hinder that.

During the divorce proceedings, the treatment of the matrimonial property will be one of the issues to be addressed and the court order will reflect how it will be handled (typically to sell away or transfer share ownership). This can take 12 to 24 months depending on how fast is the discussion and correspondence. You will need this court order to appeal for the early approval to sell within MOP period. Seller Stamp Duties may apply if you have bought the property for less than 4 years.

Do note there may be some price impact as selling within MOP period means the buyers have to fulfill EC eligibility conditions and cannot loan as much as a private property.

I have worked on similar cases and would be happy to assist. 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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Hi Sir/mdm

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