Asking for a friend, what happens to their HDB if they divorce before the 5 years MOP? - Seedly

Property

Asked by Anonymous

Asked on 07 Jan 2019

Asking for a friend, what happens to their HDB if they divorce before the 5 years MOP?

The wife wishes to sell the flat but my friend wishes to keep the flat, can she sell him her share if he is under 35 years old? He paid most of the CPF contribution during the downpayment, does that mean that he owns a bigger share of the flat?

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Yixiong Chang
Yixiong Chang
Level 5. Genius
Answered on 08 Jan 2019

For your friend to retain the HDB, he has to fulfill eligiblilty of HDB ownership to do that. But from the looks of it, it might have to be returned to HDB. Only in rare cases of appeal, there can be exceptions.

For matrimonial assets division(not just the Home) - simple illustration:

Step 1: Ratio representing parties’ direct financial contributions towards the acquisition of matrimonial assets.

Step 2: Ratio representing the parties’ indirect and non-financial contributions.

Step 3: Average of the 2 percentages to derive the overall contribution to the family. This average forms the basis for the division of matrimonial assets. Step 4: adjustments by the judge based on other factors.

So, yes, if he paid most of the money, he starts with a higher %. Typically, the shorter the marriage (and without child), the lower will be the indirect contribution weightage and adjustments in favour for the women.

Come to an agreement with the wife on the division of assets. Best to seek a lawyer to provide advice on this. A uncontested divorce will be significantly cheaper and faster.

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