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Hi, my wife and I are going through a divorce. We have no other assets except our EC, which as of today is around 4 years old. We will have a uncontested divorce so unlikely it will drag until MOP, which is April 2023. I have asked HDB and HDB says I have to get my divorced finalized first. My lawyer says it's better to know what to do with the EC first. Now I am at a dilemma.

1. If my divorced is finalized and HDB rejects my appeal, what happens to the house? Sell back to developer or HDB and at what price?

2. Is it possible for my wife and I to hold on to the house until MOP then we sell, even though we can be divorced legally before that? Is this allowed or what is the time we have to sell after divorced is finalized.

3. Can the EC fetch a better price during MOP or after MOP?
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11 Answers

Hi there,

1. Have you asked HDB if they allow you to sell once divorce is finalized? Usually, it is open market. Depends on your confirmation with HDB

2. It depends on HDB's decision on whether to let you sell later. You have to write in to them and explain your decision.

3. A better price is subjective because it depends on house condition, facing of unit and floor level etc. Selling during MOP will have lesser competition because only special cases are allowed to sell. If sell after MOP, you will face more competition. It is a supply and demand issue.

Please send me a private message so i can understand more about your situation. I am able to let you know more in a private setting. Thank you very much and hope to hear from you Read More
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Good evening,

Sorry to hear about the situation, I hope you are managing well.

When there is a final judgement court order for the divorce proceedings, it will determine the treatment of the matrimonial property. With this court order, typically it is easier to try to appeal with HDB to sell within MOP period on the open market, to try to get the special approval. I have helped clients on the same but it is still based on case by case basis, but chances should be higher once court order is out. The court order may also stipulate the time allowed to dispose of this property, and this may become one of the supporting factor of the appeal.

Typically, selling after MOP of 5 years is better in terms of price, as the buyer pool is wider. They need not fulfil new EC eligibility conditions, which is required for buyers buying pre-MOP EC units that gotten special approval to sell.

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,

Ivan Ng Realtor
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-- EC Sellers, Private Property Buyers Dr. Chan & Ms. Xie --

I would like to compliment Mr Ivan Ng for his professional work and effort.I sent my first post in Jan 2019 and Ivan replied promptly, so I have decided to contact Ivan for follow up. My EC was not ready for sale due to MOP (another 3 months from Jan) at that time and Ivan was able to give me advices on how to proceed from there. Initially we have decided to try to write to HDB for early sale but since it was only 3 months left, eventually we waited for another 3 months while we looked for our next property. Ivan was able to arrange for new property showroom appointment at a timely manner while helping us to list for our EC for sale. We were a bit worried when our EC sale time was longer than expected due to trade war, but Ivan was able to reassure us that our EC would sell. By November, he managed to secure a buyer for our EC. Thank you.

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I would like to express my appreciation to Ivan Ng for his excellent work. Ivan is a dedicated, client-focused, patient and sincere agent. Throughout the whole process of selling and looking for our next property, he has always acted very professionally that makes my wife and I feel at ease and assured. Ivan is not a pushy and hard sales agent. Ivan listens and understands our needs and carefully guided us through. We are fortunate to have Ivan as our agent. Thank you Ivan Read More
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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, once the final court judgement is out, it would be very much easier to get an approval to sell before MOP. I have a past transaction where I took on a case that the divorce couple still left 2 more years to MOP. They submitted the final court order to HDB and the appeal to sell was granted.

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More
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Tan Pei Cheng (Pei)
Hi,
I would be glad to assist you.
Feel free to contact me @ 97100155 
Hope to hear from you soon.
Pei @ ERA Read More
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write an appeal letter either to MPS or to HDB. if your zone is a sitting Minster will be good.

regards
wilson leong
 96305577  Read More
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YT Tan (陈永达)
Good morning,

Sorry to hear what you are going through. I had handled such cases before so hope i can offer you my expertise.

As your EC is still under 5 years MOP, you will require valid reasons to appeal to HDB branch office for special approval to sell. Divorce is usually one of the reasons.

You can include the EC sale in the final judgement/ court order. You can state all the terms and conditions both of you wish to include inside like timelinem price etc. With the court order then you can appeal for special approval to sell. Don't worry that you cant get the special approval, HDB officer will usually approve cause its a valid reason for appeal.

Even though EC is under HDB regulations, developer wont take back unit as what HDB will do. You will have to sell in the resale market.
Hope my sharing helps in aiding in your enquiry. May I know how can I value add further in your property needs?

Lastly statistics had shown MOP EC will usually fetch a better price than those sold within MOP because dont have to adhere to HDB regulations. Single SPR/ SC can buy MOP EC instead of a need to fulfill HDB eligibility conditions as if its a new EC.

Hope my sharing helps in aiding in your enquiry. May I know how can I value add further in your property needs?

Best regards,

YT Tan
Property Kaki
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Hi Sir,

I have assisted a number of my clients who are in the same situation as yourself and I hope to provide you with some clarity.

1. Once the divorce is finalized. With the support documents, we can appeal to HDB for a MOP waiver and it will be much easier to get the waiver to sell in the open market. Developer and HDB will not offer to buy back the unit.

2. Divorce proceedings will take a few months and this is a possible option as well. As the MOP is only 1 year away, there is a feasible option.

3. There are pros and cons when it comes to selling before the MOP. Before MOP, there are limited supply of units for sale and therefore buyers are more willing to pay a higher price as there are limited options. However the drawback is that you will only be able to sell to a buyer who fulfills the criteria to buy an EC. Upon MOP, a lot of your neighbours will want to sell their units and it will definitely be much more competitive. Ultimately it depends on the marketing angle and strategy to get the best price for your unit.

Please feel free to contact me so that I can understand your considerations and explain to you in depth on the different options that are available.

Regards,
Nick Tan
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Robbie Chen Chee Howe
Hi Sir,

I'm sorry to hear about your situation.

HDB is right. You will have to settle your divorce first, before putting up your request to sell your EC before the MOP. You will be given a Timeline to sell off the asset (EC).

HDB or the Developer will not buy back the EC, you will have to sell it in the open market.

Since your MOP is in April 2023, it is possible for you to hold onto the EC until it reaches MOP before selling, as the divorce proceedings will take some time too.

In my opinion, you will get a better price when you sell the EC after you have met the MOP. This is because the Buyers need to fulfill the eligibility conditions of owning an EC to purchase, and their loan will be based on TDSR (instead of MSR). This means that the Buyers can potentially loan more, and hence will be able to offer you a higher price.

I am experienced and well-versed in both HDB and private transactions. I will be able to assist you in your 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 . I will be happy to assess and share with you the possibilities for you in the current market.

Thank you.

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

1) It is unlikely that HDB will reject your appeal to sell in the open market before meeting the MOP once your final court order is issued.
2) The court order has a higher privilege than the HDB policy, therefore the HDB will not contest the court order unnecessarily.
3) Theoretically you are not allowed to hold on to the EC until MOP, it is because you have to meet the certain condition to hold on to an EC before meeting MOP.
4) Although there is no law stating divorced couple is not allowed to stay under the same roof. But you are not eligible anymore to hold on to the EC once you are legally separated.
5) The grace period from the HDB is you have to sell it within 6 months once you are no longer eligible to hold on to the EC.
6) According to observation, the price nearer to MOP and just after MOP is around the same.

Hope the above answer your main concerns, but if there are more query, 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
https://R056727F.propnex.net/
https://www.facebook.com/Homesellerbuyer

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