5 Answers

Hi, most likely HDB will be taking back the HDB from you guys. The chances of retaining the flat on your own is very low as you do not fall under any eligible scheme to retain the flat, however you can write in to appeal to HDB regarding this . The flat will not be able to be sold until the final judgement for divorce is out . The proceeds are usually given to a joint account in which after which it is split , however you can bring this out during the divorce of the cash payment part and it will be up to the judge how the sales proceed will be distributed .

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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, yes you could still appeal to the HDB to sell even though it has not hit the MOP yet but it be case to case basis. I do have 2 successful appeal before and both groups of seller have yet to reach their MOP but they are undergoing divorce…

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Aaron Chong
 9730 8455 
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Flats that have not met with MOP will not be allowed to be sold on open market. In terms of how the HDB is managed, it depends on whether both you and your spouse are agreeable on the terms, and final judgement by the court will decide how the flat should be managed.

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HDB Flat During Your Divorce:

>>Keeping the Flat: It's unlikely you can keep the flat alone . You can appeal to HDB, but chances are slim.
>>Selling the Flat: The flat cannot be sold until the divorce is finalized by the court.
>>Sales Proceeds: The money from selling the flat typically goes into a joint account and then gets divided during the divorce. You can discuss how much each of you contributed towards the down payment during the divorce proceedings, and the judge will decide how to split the money.
>>Flat Management During Divorce: If you and your spouse agree on how to manage the flat during the divorce, you can do so. Otherwise, the court will make a decision.
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Hi Sir/Mdm,

I have assisted many of my clients who are in the same situation as yourself. Do allow me to provide you with some clarifications.

1. If you are under the age of 35 years old and no children, you will not be able to satisfy the family nucleus criteria to hold a flat and therefore HDB would not allow you to retain the flt under your own name.

2. Once the divorce is finalised within the 5 years MOP, HDB will not allow you to sell the flat in the open market. We will need to appeal to HDB and get a special waiver in order to sell in the open market.

3. Between surrendering the flat back to HDB and selling in the open market, you will be able to secure a much higher price selling in the open market from my experience.

4. The final settle of the sale proceeds will be determined by the court order for the divorce. When you are filing the divorce, if you have contributed more cash for the house, you will need to inform your lawyer so that the lawyer can fight for a higher portion of the sale proceeds on your behalf.

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

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Nick Tan
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