Divorce But To Buy Over The Flat

[bepgof 20]

My sister in law is in process of divorcing, now 31 year old. She has joint tenancy with husand for a 3 rm resale flat. Questions:

- Is she allowed to "buy over" husband's share? Price determined by HDB?

- What/how are the procedures like?

Thank you.

[Plastic3 0]

My sister in law is in process of divorcing, now 31 year old. She has joint tenancy with husand for a 3 rm resale flat. Questions:

- Is she allowed to "buy over" husband's share? Price determined by HDB?

- What/how are the procedures like?

Thank you.

From what I know, one party can buy over the other party's share as long as both are agreeable, either by:

i] paying for the other party's contribution

ii] or they can also do a valuation for the property, and decide on the amount to be paid to the other party based on current market price

One of my client's husband bought over her share (paid for her contribution)

For more information best to check with HDB branch office.

Edited May 21, 2010 by Plastic3

[wcseow 0]

I believe the eligibility rules still apply

1. If single, min age of 35 years

2. For divorcee, have legal custody of children thus forming a family nucleus

Had a friend, divorcee, below 35 years old, no children. Only way is to sell the flat at market value. All agreed that the wife has sole discretion of the sale value and sales profits (if any) all go to the wife.

Hope it help

Still best check with HDB if there are any grounds for exception

[red_kitty_29 0]

I believe the eligibility rules still apply

1. If single, min age of 35 years

2. For divorcee, have legal custody of children thus forming a family nucleus

Had a friend, divorcee, below 35 years old, no children. Only way is to sell the flat at market value. All agreed that the wife has sole discretion of the sale value and sales profits (if any) all go to the wife.

Hope it help

Still best check with HDB if there are any grounds for exception

hv no children, means no "family nucleus", cannot buy over the flat,must sell off

best CALL hdb and ask..someone will attend to ur queries, for sure

[bepgof 20]

hv no children, means no "family nucleus", cannot buy over the flat,must sell off

best CALL hdb and ask..someone will attend to ur queries, for sure

Many thanks. In fact, My SIL has a daughter now in P5, most of the time staying with us. My concern: she is <35 year old.

There were a few "red-hot" occassions, I stopped them from mentioning/thinking of "divorce", now because of BIL's involvement in a molesty of maid under influence of alcohol, make me more firmly believed the sayings " leopard cannot change its spots", " cannot teach old dog new tricks".

She's the only younger sisiter to my wife, 10 year younger some more,.....sigh, long story.

Edited May 21, 2010 by bepgof

[blueocean 0]

Check with HDB to confirm.

Under the Public Scheme, it requires

* your husband/wife and children (if any) or

* your parents and siblings (if any) or

* your children under your legal custody, care and control (if you are a widowed or divorced)

So your SIL fulfils the Public Scheme criteria.

She only needs to be above 21 years old (age of consent) and not 35 years old. The age 35 years and above refers to the Single Singapore Citizen Scheme.

Unfortunately, all these matrimonial assets (housing etc) may only be settled after the completion of the divorce proceedings and final judgement has been obtained.

Many thanks. In fact, My SIL has a daughter now in P5, most of the time staying with us. My concern: she is <35 year old.

There were a few "red-hot" occassions, I stopped them from mentioning/thinking of "divorce", now because of BIL's involvement in a molesty of maid under influence of alcohol, make me more firmly believed the sayings " leopard cannot change its spots", " cannot teach old dog new tricks".

She's the only younger sisiter to my wife, 10 year younger some more,.....sigh, long story.

Edited May 22, 2010 by blueocean

[red_kitty_29 0]

Check with HDB to confirm.

Under the Public Scheme, it requires

* your husband/wife and children (if any) or

* your parents and siblings (if any) or

* your children under your legal custody, care and control (if you are a widowed or divorced)

So your SIL fulfils the Public Scheme criteria.

She only needs to be above 21 years old (age of consent) and not 35 years old. The age 35 years and above refers to the Single Singapore Citizen Scheme.

Unfortunately, all these matrimonial assets (housing etc) may only be settled after the completion of the divorce proceedings and final judgement has been obtained.

oh dear, u certainly have a very big prob in addition to the hdb issue, you may want to consult a lawyer for help, but note tt legal fees can come to thousand of dollars, many cases in court, gota wait long time for final judgement & matters to settle,my friend took yrs to settle their D provided both parties r willing, unid to brace urself up for the prolonged stress... nothin else u can do but get help n support fr frens n family

[Amy Choon 1]

make things easier.. tell the husband to give up his CPF share of the house, put this on the divorce papers then sign it. whatever comes after will be under court's order. in your SIL case, she should have a high chance of getting the house. it will only work if the husband is agreeable to this arrangement. All the CPF and whatever proceeds that comes from the sale of the house (in future), will go to the wife. And the husband must be aware and agree with it.

why should the wife buy over the house? at market value some more lor. it's gonna be tough for a single mother.

[Stone23 0]

make things easier.. tell the husband to give up his CPF share of the house, put this on the divorce papers then sign it. whatever comes after will be under court's order. in your SIL case, she should have a high chance of getting the house. it will only work if the husband is agreeable to this arrangement. All the CPF and whatever proceeds that comes from the sale of the house (in future), will go to the wife. And the husband must be aware and agree with it.

why should the wife buy over the house? at market value some more lor. it's gonna be tough for a single mother.

I totally agrees that why should the wife buy over the house at market value.

I am divorced at the age of 28 with the full Care and Control of my daughter. As long as ur sil has the full care and control of her child, then she is eligible to have a flat of her own.

All I do is to buy over his shares of the flat. All these was stated in the divorce paper. Simply I jus use my excess cpf fund to buy over whatever amount that he had contributed before. It's better to consult the lawyer who will provide a good advise.

Being a woman, we must always think of ourself and our child's future. It's impt to have both a roof for shelter n savings for future use. Y not use the extra money in good use rather than forking out to buy over ex husband's share at the market value.

Hope this information helps. Purposly register jus to share my experience... V Kay po. Wakaha!

[bepgof 20]

I totally agrees that why should the wife buy over the house at market value.

I am divorced at the age of 28 with the full Care and Control of my daughter. As long as ur sil has the full care and control of her child, then she is eligible to have a flat of her own.

All I do is to buy over his shares of the flat. All these was stated in the divorce paper. Simply I jus use my excess cpf fund to buy over whatever amount that he had contributed before. It's better to consult the lawyer who will provide a good advise.

Being a woman, we must always think of ourself and our child's future. It's impt to have both a roof for shelter n savings for future use. Y not use the extra money in good use rather than forking out to buy over ex husband's share at the market value.

Hope this information helps. Purposly register jus to share my experience... V Kay po. Wakaha!

Not V Kay po at all, thank you very much. Hope this spirit goes on within this forum...I knew my SIL when she was in kindergarden, we initially(MIL, wife& myself) did not look good to this marriage, now pending to the investigation of the police.....take abt a month.

Edited May 28, 2010 by bepgof

[Miss_YB 0]

make things easier.. tell the husband to give up his CPF share of the house, put this on the divorce papers then sign it. whatever comes after will be under court's order. in your SIL case, she should have a high chance of getting the house. it will only work if the husband is agreeable to this arrangement. All the CPF and whatever proceeds that comes from the sale of the house (in future), will go to the wife. And the husband must be aware and agree with it.

why should the wife buy over the house? at market value some more lor. it's gonna be tough for a single mother.

Im a divorced mother of 3 and now the sole owner of the flat having joint custody with my ex & myself the care & control of the children. I understand the pain your SIL going through now. Cry by all means & when its drained, STAND-UP & FIGHT for child & her. If she dont put in the Order of Court now, it would never be anymore. Consult a divorced lawyer (not any other lawyer!) for more of more of women's rights. Men at this point will normally give-in just to get rid of wife in their life fast.

With effect 1 Oct 2007 an amendment to CPF act took effect allowing immediate transfer of CPF monies to ex-spouse's CPF acct so long as the latter is a citizen or Singapore PR. Another change involving divorced couples is allowing for the immediate transfer of a property to the former spouse. Bef. 1 Oct 2007, when a member uses his CPF to buy property and a court orders the ownership to be transferred to the ex-spouse, the member must return, in CASH, to the CPF acct whatever amount is due to it. Currently, its no longer necessary. Instead, a charge will be placed on the amount of money used for the property, such that if the ex-spouse sells the house later, that money will be refunded to the member's acct.

Your sis-in-law options :

1. Let her philandering spouse WILL the house to her name;

2. Do a transfer as in above, live in the place till she can afford a new flat or live there forever (if the bad memories of the place dont bother her).

I would never suggest buying over the house from him. He should compensate her for the immaterial contributions she did for the family such as giving him a child, staying devouted & loving him for XXX years, staying commited in the marriage till this happen. Dont let men treat us like rags that when old & worn-out, they must throw & change.

Wish you SIL all the best. Its been 3yrs & Im at peace now, counting my blessings. Look ahead and pray. Prayers make wonders. If I can do it, she also CAN

[Amy Choon 1]

Not V Kay po at all, thank you very much. Hope this spirit goes on within this forum...I knew my SIL when she was in kindergarden, we initially(MIL, wife& myself) did not look good to this marriage, now pending to the investigation of the police.....take abt a month.

police investigation!? that's serious.

[Amy Choon 1]

Wish you SIL all the best. Its been 3yrs & Im at peace now, counting my blessings. Look ahead and pray. Prayers make wonders. If I can do it, she also CAN

happy for you Miss YB. Glad you moved on..

[bepgof 20]

police investigation!? that's serious.

At first thought of just to wash dirty cloth in backyard, since you ask, tell you more:

- This BIL has quite some hard-to-die "bad habits".

- He molested the newly-arrived(3 wk) maid at home, one night. Maid called SIL (she's a licienced tour guide as well as mini-bus drive, work odd hrs).

- She rushed back home, found her husband drunken. Called BIL's 3rd brother. He arrived & suggested her to make police report. She did on the spot (near mid-night). SIL informed my wife this after police took BIL & maid away (mid-night).

- Both of them released the next day. BIL (coach driver) instructed not to leave Si'pore. Poor maid back to Agency.

- Report will be out in abt a month's time, if convicted of molesty, SIL will proceed to lawyer to cut off the relationship.

- Before this maid, SIL has a maid worked for them abt 9 months and one day, she "suddenly" run away to the agency and wanted to be back home in Indonesia.....something fishy somewhere......sigh, as the chinese saying: "water get frosen to 3 feet ice not within a day".

Edited June 1, 2010 by bepgof

[Amy Choon 1]

oh my goodness!! then all the more your SIL shouldn't buy over the flat and let him reap the profits. make him give the house to the wife lor.

as the chinese saying, not scared of having a wrong career, only scared of marrying the wrong husband.