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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