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Im not a ownership of the flat just an occupiers.My divorce already finalized court order stated that my ex-husband have to sell the flat within 9 months.Hdb had called me that my ex husband wanted to take the LBS can he do that as court order he have to sell the flat and he is 65 yrs old.
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5 Answers

Hi,

I would be most glad to assist you further and pls feel free to let me know if you need any assistance. Have a good day ahead.By the way, your husband would be restricted to what is stated in the court order and nothing else.

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More
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Hi, appreciate your sharing. Able to check with HDB and determine the outcome.
Looking forward to assist you at 9696 4398  or email me at stewartlim96964398@gmail.com

Cheers
Stewart-PropNex (Senior Associate Division Director) Read More
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Dear madam,

Since this involves a court order, it could be better answered by the legal professional. We are unsure what are the contents of court order and what are the contents of any final judgement applicable on your divorce.

I have been in the real estate business since 2009, with more than 14 years of experience serving the Singapore real estate market.

I am very active in the residential segment of Singapore real estate market, having transacted hundreds of deals from HDBs to private condominiums and landed properties in Singapore, and have handled many unique cases in sales and purchases as well as rental deals.

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Hi Mdm,

Your ex husband will not be able to take up the LBS as he will need to obey the court order and to sell the flat in the open market.

Please feel free to contact me so that I can understand your situation and provide you with further assistance.

Regards,
Nick Tan
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Susana (Buyer) Read More
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My Answer with regards to your Question:

In your situation, here's a breakdown of the legalities and how to proceed:

Court Order vs. LBS:

Court Order Priority: The court order stating your ex-husband must sell the flat within 9 months takes precedence over his desire to utilize the Lease Buyback Scheme (LBS).

HDB Involvement: HDB likely contacted you because they need cooperation from all occupiers for the LBS process to proceed.

Your Rights as an Occupier:

Right to Stay: Since the court order mandates selling the flat, you have the right to stay until the flat is sold within the 9-month timeframe.

LBS Not Guaranteed: Your ex-husband cannot force the LBS option through if the court order specifies selling the flat on the open market.

Recommended Course of Action:

Contact a Lawyer: Consult with a lawyer specializing in family law and HDB matters. They can advise on your specific rights based on the court order and guide you through the selling process.

Respond to HDB: Inform HDB that the court order supersedes the LBS option and reiterate the 9-month timeframe for selling the flat.

Discussions with Ex-Husband: Discuss the situation with your ex-husband. He might need to adjust his plans and find alternative solutions to comply with the court order.

Estate Agent: Consider engaging a real estate agent to handle the flat sale process within the court-ordered timeframe. This can ensure a smooth transaction and potentially fetch a better price.

Additional Considerations:

Selling Price: If the flat is sold within 9 months, the proceeds will likely be divided according to the court order or a separate agreement between you and your ex-husband.

Extension of Deadline (Unlikely): Obtaining an extension on the 9-month timeframe for selling the flat through the court might be challenging.

Disclaimer:

This information is for general guidance only and does not constitute legal advice. Consulting with a lawyer specializing in family law and HDB matters is crucial to protect your rights and navigate this situation effectively.

Allow me Assist Further Read More
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