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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, I did a handful of divorce cases before and for your case, there would first be an interim judgement and then follow by the final judgment. So you just can’t kick your foreign spouse out of the flat just like that...

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More

Remember that the HDB is purchased under the non-citizen spouse scheme therefore the wife is a stakeholder in this property even though she is not an owner. For divorce cases filed in Singapore, the court will give final judgement to decide on how this flat should be managed, whether should it be sold in the open market or the husband is able to retain the property (in the event that husband is eligible to retain as a single). Speak to your lawyer to find out more about the consequences of a divorce for your HDB perhaps.

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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,

1) Generally when a divorce happened within the HDB flat MOP. There are 3 things that could happen:
(a) Division of marital assets.
(b) Care and custody of kids.
(c) Maintenance fees.

2) In your case, it is just 1(a) that you are most concern now.
3) Since your spouse is a foreigner, she is not entitled to any share in the flat.
4) But whether she will be awarded other forms of monetary value from the flat shall depend on the court since this is an asset after marriage.
5) Although she is unable to own any share of the HDB flat even if the court award her any. So you might need to compensate her in other forms. The court will be specific about this.
6) You will have to be at or above 35 yrs old in order to keep the flat. You will still need to comply with the eligibility criteria listed by the HDB even if the court award the flat to you.
7) You will not need to return the housing grant as long as you are not selling the flat in the open market.
8) In the event that you have to sell the HDB to pay off whatever you need. Because this flat is still within the MOP, the HDB might decide to take back the flat at its perceived market value rather than allowing you to sell in the open market.
9) Under such a situation you will also need to return the grants and accrued interest.

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

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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