Will I be able to retain the flat after my divorce?
If you have custody, care and control of your child, you will be able to retain the HDB flat if you meet the eligibility conditions. However, your divorce cannot be due to non-consummation of marriage.
If you do not have a child from the marriage, you may still be able to retain the HDB flat under the Single Singapore Citizen (SSC) scheme, if the following conditions are fulfilled:
1. You are a Singapore citizen;
2. You are at least 35 years old; and
3. The HDB flat is a resale flat which you and your spouse purchased from the open market without the benefit of the CPF housing grant for family.
If the flat was purchased directly from HDB, or if it is a resale flat bought with the CPF housing grant for family, the minimum occupancy period of 5 years must be satisfied if you wish to take over the flat under the SSC scheme.
Alternatively, you may include another person to retain the flat, subject to the prevailing eligibility criteria and eligibility scheme regardless of the occupation period.
Will I be able to retain the flat after the annulment of my marriage?
No, unless either of your parents were originally listed in the HDB flat application. Otherwise, the HDB flat may have to be returned at the prevailing compensation price.
Sale of HDB flat in the open market
If you wish to sell your HDB flat in the open market after the divorce, you must have satisfied the minimum occupancy period by the time your divorce is finalized. Otherwise, you may have to return your flat to HDB. You will receive a compensation sum as determined by the HDB.
Your divorce lawyer can assist by:
1. Advising you on all issues involving your matrimonial HDB flat.
2. Representing you in all proceedings relating to the division of matrimonial assets, including the matrimonial HDB flat.
3. Drafting and filing the documents required by the Court as part of the divorce/ annulment proceedings.
4. Representing you in negotiations with the other party, mediation sessions and in Court.
You may also be interested to read more about:
2. Annulment (Nullity) of Marriage
5. Maintenance Issues (Alimony)