Do You Wish to Retain HDB Flat after Divorce?

Is it possible to retain HDB flat after divorce?

Yes!

In general, any party who is above 35 years old and a Singapore citizen is allowed to retain HDB flat after divorce. You will also need to fulfil other HDB’s eligibility criteria.

If you are not above 35 years old, but you have care and control of your child, you may also be able to retain HDB flat after divorce by forming a family nucleus with your child.

More Changes?

On 11 September 2017, a petition asking for more inclusive housing policies for divorced and unmarried parents was submitted to Parliament. The petition calls for amendments to the law to “rule out discrimination based on marital status”.

Presently, unmarried parents and their children are not able to own a HDB flat by forming a family nucleus.

There were 7,614 divorces and annulments in 2016. In 2015, 863 babies were born to unmarried mothers.

Present Situation

Divorced parents who have owned an HDB flat cannot rent from the HDB for 2.5 years after the sale of their flat. There is also a 3-year debarment, during which only one of the divorced parties can own a subsidised flat.

See: Koh Xing Hui, “Parliament: MP submits petition for inclusive housing for single parents”, The Straits Times, 11 September 2017

Many of my clients are keen to retain HDB flat after divorce. Even if you are able to retain HDB flat after divorce, there are many factors to consider.

  1. Does your spouse require you to pay for his/ her share? If so, can you afford it?
  2. Is the outstanding loan extremely high? If so, can you afford it?
  3. How much space do you need after the divorce?
  4. Is selling the HDB flat and splitting the proceeds an option?

Contact us today if you want to find out more!

You may also be interested to read more about:

1. Divorce and Separation

2. Annulment (Nullity) of Marriage

3. Children’s Issues

4. Matrimonial Assets

5. Maintenance Issues (Alimony)

6. Family Violence

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