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Seeking Professional Advice on Complex HDB Sale Due to Legal & MOP Restrictions

We are a couple currently facing challenges with the sale of our respective HDB flats due to legal restrictions and the Minimum Occupation Period (MOP) requirement. Both of us have previously divorced and remarried, and we are seeking advice on how to navigate the sale of our properties under the following circumstances:

My Husband’s HDB Flat:

He is currently unable to sell his flat due to a court order, which mandates that the flat can only be sold once his children from the previous marriage reach 21 years old.
My HDB Flat:

I have only completed two years of the MOP for my flat. We are keen to explore whether there are any exceptions that would allow me to sell it in the open market before the full five-year MOP is reached.
We would appreciate advice from a property agent or legal professional with experience in handling such matters. If you specialize in HDB regulations, legal constraints involving divorce, or special cases under the MOP, we would love to hear from you.
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3 Answers

Thank you for writing in, I believe the most critical restriction is on your husband's first HDB where he can only sell after his children from previous marriage has reached 21 years old. This part will probably require some appealing.

As for you, have you gotten the final judgement for your divorce? These are out of norm cases where any professional here can only say that you should appeal to HDB or relevant departments or authorities in order for you to carry out your preferred move. There is no one who is able to assure you that they will definitely be able to assist. Read More
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Good day to you,

Let's take a look at your husband's case: The court order indicated clearly that the matrimonial unit cannot be sold till his child is at the age of 21. This can only be adjusted if both your husband and his ex-wife agrees to request for amendment,

Now for your case: Without SUPER strong ground to sell your unit, before fulfilling of MOP, no amount of appeal can change the course.

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Hi,

1) The appeal to your husband's case will incurred high cost since the appeal has to go to high court, and the outcome might not be favorable.
2) However, you must understand that this is not an automatic re-hearing. The High Court will review the decision to see if there was a clear error in law or fact. They rarely overturn deicisions just because you disagree.
3) The chance of appeal to HDB to sell before MOP has a higher chance comparing to the earlier.
4) The HDB will usually consider it under extreme, verifiable hardship. One of which is divorce with no kids.
5) You may choose the following whichever is favourable to your situation:
(a) One party retains the flat.
(b) Appeal to sell on the Open Market.
(c) Surrender to the HDB
6) Financial impact for 5(a) is the smallest. 5(c) is the greatest.
7) Whichever it is the leaving party suffer the highest loss.

All The Best!!!

Hope the above answers your main concerns, but if there are more queries, please feel free to contact me at 9011*0636 or email: ling.ck7@gmail.com if more information is needed.
I'll be glad to assist.

Best regards
Ling CK
9011 * 0636
ling.ck7@gmail.com
https://www.linkedin.com/in/ckling/
https://agents.huttonsgroup.com/R056727F/ Read More
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