After divorce, having to sort and untangle your finances overnight may be overwhelming.
Most married couples own a HDB flat in Singapore. However, problems arise when divorce or separation happens. A divorce does not only affect you emotionally, but it can also take a toll on your financial health. The question is, how will we distribute the property, and who is entitled to the property?
Your HDB flat is likely to be your matrimonial home which is subject to division upon divorce.
According to the Women’s Charter, matrimonial assets refer to:
- any asset acquired before the marriage by one party or both parties to the marriage.
> ordinarily used or enjoyed by both parties or one or more of their children while the parties are residing together for shelter or transportation or for household, education, recreational, social or aesthetic purposes; or
> which has been substantially improved during the marriage by the other party or by both parties to the marriage; and
- any other asset of any nature acquired during the marriage by one party or both parties to the marriage.
You and your spouse can reach a consensus on the decision of the HDB flat. For example, your spouse will transfer his/her interest to you, or you will transfer your interest to him if one of you decides to retain the flat. However, in some cases, both parties may choose to sell off the property and split the sales proceeds.
On the other hand, if you and your spouse cannot reach common ground on the decision of the HDB flat, the court will decide on the division and distribution of your matrimonial home.
Some common orders are the transfer of interest of the property from one party to the other party or the HDB flat to be returned to HDB if your flat has not passed the Minimum Occupancy Period (MOP).
Suppose you are entitled to retain the ownership of your HDB flat after divorce, it is vital to consider the financial aspect and the eligibility criteria to take over the flat. Do ensure you can continue to service the monthly mortgage instalment and maintenance of the property singlehandedly.
Nevertheless, the court will consider various factors, such as the marriage length, the child’s needs, etc., to divide your property.
You are encouraged to seek legal or professional advice for any matters relating to divorce.
Disclaimer:
This content is meant for information purposes or reference only and not is not to be relied upon as professional or legal advice. This content does not constitute either advice or an offer or an invitation to offer to acquire, dispose of, subscribe for, or underwrite any of the financial instruments described herein.
You should seek advice from an attorney or professional who will be able to provide you with the relevant advice before you make any decision.
All details such as names, characters, places, companies and scenarios are fictitious. Any resemblance to actual events, locales, persons living or dead is entirely coincidental.
