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Hi.

My boyfriend’s mother is a single mom, and the current house they live in (an executive HDB flat) is under hers and her ex-husband’s name. However, she is planning to downgrade to a 4-room flat, and she wants to put my boyfriend’s name in the title deed.

My boyfriend and I have never bought a house before, so I would like to ask if this would jeopardise our chances in getting our first BTO flat, or render us ineligible for certain subsidies or grants?

Thank you.
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4 Answers

Hi,

If she is an official divorcee, she need not add your boyfriend's name into the flat and can purchase under her own name. If your boyfriend's name is added as a owner, he will not be able to apply for another flat for the next 5 years, as he has to fulfil the 5 year MOP period. His 1st-timer status (for BTO) will not be affected if the 4-room flat his mum is buying is a resale flat without subsidy. Even though so, removing his name later from the 4-room hdb will be difficult if the mum cannot finance the flat under her own name.

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,
Ivan Ng ERA ASAP
(ASk Anything Property)
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SMU BBM (Finance), Magna Cum Laude

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Good evening,

First thing that your boyfriend need to settle is the ownership status. The unit is under his mother and her ex-husband's name? Under Singapore ruling, once a divorced couple have received the court order, they are suppose to sell the property on hand in the resale market or execute part sales, as stated within the court order. When this is settled, then I believe your boyfriend's mother can do other things.
If the unit was bought directly from HDB or with housing grant and your boyfriend's name have being added as co-owner, it will definitely affect the purchase of BTO unit for the both of you in the future. Notwithstanding the fact that MOP of 5 years that need to be fulfilled, can your boyfriend's mother buy over his share should he choose to remove his name from the unit?

Do feel free to contact me for detail discussion.

Regards
Mike Lim
 96929209 
m52i@yahoo.com
ERA

Looking for an experienced agent with knowledge on sales and purchase of residential property in Singapore?
With more than 10 years experience on cases related to:

1) Mental Capacity Act
2) Long Lasting Power of Attorney
3) Esate Planning and Distirbution
4) Divorce
5) Bankruptcy
6) Purchase of HDB after Retirement Age

You can be sure that your concern and doubt will be cleared. This would allow you to move forward in one of your life's most expensive and rewarding decision with ease of mind. Read More
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Robbie Chen Chee Howe
Hi Ms,

May I know what's the reason for his mother to use his name for the next property? Does she have difficulty getting financing?

I do not think this is a wise option. Because firstly, he will be tied down by the 5-year MOP, which bars him from apply for a BTO or even a resale flat for the next 5 years.

Secondly, after 5 years should you guys get married and plan to purchase your own flat, his mother will have to "buy over" his shares of this HDB. If he had used his CPF funds for the flat, his mother will have to refund all the CPF monies used plus accrued interest.

Also, if you guys were to go for a private property after the 5-year MOP, he will be liable for ABSD as well.

Should you need any further assistance in matters relating to property, please contact me at my mobile 9748 6305  . I will be happy to assess and share with you the possibilities for you and your partner in the current market.

Thank you.

Best regards,
Robbie Chen
 9748 6305 
PropNex Realty Read More
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Hi,

If the flat owners get a divource after meeting MOP, they may sell the flat provided all eligibility conditions are met.

Divourced sellers need to produce the following documents:
(1) Deed of separation or interim judgement and certificate of Making Interim Judgement final.
(2) Court order (if any)

Your case posted is under "Divorced with children". Therefore eligible to retain the flat and has the right to sell the flat in open market.

Now settled the selling portion, and come to buying portion.

Your boyfriend's mother is able to apply to buy resale flat as; Buyer (widowed or divorced) and children under his custody, care and control.
Thus your boyfriend can listed as occupier instead of owner. Your boyfriend's mother will deemed as sole owner in this case.

It is advisable to apply for HLE to determine how much loan is available before deciding otherwise.

There are 2 reasons that I can think of why she wanted your boyfriend's name included in the title deed:
(1) So that he can inherit the flat without difficulty if she pass away.
(2) So that he can help to finance the flat.

For (1), there are different succession under Muslim & Non-Muslim.
Under Non-Muslim Intestate Succession Act:
Married without Spouse but with children: 100% to children. Thus her worry is not a concern at all. She might not aware of this.

Succession under Muslim (Syariah) law is more complicating:
Syariah Court will issue inheritance certificate accordingly. Non-blood related relative will also gain some shares according to Islamic inheritance laws.

I'm not sure which situation you are in thus unable to elaborate further.

For (2), your boyfriend can use his CPF to help finance the loan without delcare as owner, but occupier. Thus there is also not a main reason to include his name as owner.

Now come to your main concern:
(1) Jeopardise chance in 1st BTO.
Yes, if he is listed as owner.
No, if he is listed as occupier.

(2) Render ineligibility for subsidies or grants
(a) Subsidies: No, if this purchase is a resale HDB flat without grants. Otherwise, he is eligible to pay for resale levy according to market rate on his part of share.
(b) Grants: Same as 2(a). Otherwise, you will only be eligible for proximity grant.

The grants available for 1st timer & 2nd timer has slight difference:
BTO 1st timer is entitiled (up to $80k) to
(i) Additional CPF Housing Grant (AHG)
(ii) Special CPF Housing Grant (SHG)
if your income level eligible for them.

BTO 2nd timer only entitled to "Step-Up CPF Hosuing Grant" for 3-room flat in non-mature estate only up to $15k.

Hope the above answer to your main concerns, but if there are more queries, 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

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