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I am below 35 years old and undergoing divorce proceedings. Just collected BTO keys earlier this year, so house is far from MOP. I have joint custody/shared care and control and written agreement from spouse to transfer house to me.

It is uncontested divorce so likely able to get court order of spouse transferring house to me in interim judgment and final judgment.

What are the chances of HDB allowing me to retain the flat if court order states so, bearing in mind that we are very far from MOP? Anything we can do to increase the chances?

Worst case scenario of surrendering the flat to HDB is not ideal.

Does anyone have any prior experience to share?

Thank you .
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4 Answers

If it is an uncontested divorce and with court order in favour, together with your custody, I do not really foresee any issue in retaining this property since you fall into 1 of the eligible scheme to own this property. Read More
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Hi,

1) Although it is not definite that a court order overrides the policy.
2) But it is clear that under the law system, everyone is supposed to obey including the government.
3) Thus you will still have to appeal to the HDB to get their consent to proceed with the transfer.
4) Do note that transferring ownership of a property is not just a simple administrative process.
5) There are generally 2 types of transfer; via gift or sales.
6) So you have to make it absolutely clear what you had agreed.
7) If it is via gift, the flat must be free from any mortgage. Otherwise, you have to take over the full outstanding loan and pay back all the CPF funds + accrued interest utilized by your spouse.
8) If it is via sale, then you have to ensure you have sufficient financial capacity to take over your spouse's share.
9) The above must be discussed and inked in blank and white before submitting to the court for judgment.
10) Get your lawyer to assist in drafting the requirements and agreement.
11) In general, it is not the objective of the HDB to drive everyone out from their shelter overhead.

Please give me a thumbs-up if the answer provided is relevant to your main concern. Thanks!!!

Hope the above answers 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
https://R056727F.propnex.net/
https://www.facebook.com/Homesellerbuyer Read More
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Robbie Chen Chee Howe
Hi,

As you have joint custody and also shared care and control of your child, you may wish to wait for the final judgement before you appeal to HDB for you to take over the flat.

Do take note that if both of you are below 35 years old, only one of you can own a HDB flat in this situation. Hence, both parties may wish to discuss on this matter.

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 +65 97 48 63 05. I will be happy to assess and share with you the possibilities for you in the current market.

Thank you.

Best regards,
Robbie Chen
+65 97 48 63 05
PropNex Realty Read More
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