Sales Proceeds For Occupier

[alexiss 0]

hi all, i have a burning question and hope that someone can enlighten me here.

currently im an occupier of a HDB flat and my husband is the sole owner, reason being when we applied for the flat i was below 21. now we intend to divorce and i checked with HDB they told me if we were to sell the flat now i will not be getting a single cent as my husband is the sole owner. i just think this is ridiculous coz where on earth would the wife not get a single cent? as we are both self employed our monthly mortgage is paid fully in cash and we contribute half half each month. so HDB will not take into consideration this and return all the money to my husband? i was told if i wanna join as co-owner i will have to pay $1K conveyancing fees or something. i just thought since we're getting a divorce i don't wanna go through the hassle of applying for co-ownership.

i just think this is such a weird rule, i was an occupier not by choice. when i reached 21 i feel that HDB should automatically add me as co-owner without having me apply anything but unfortunately this is not the case. should i get a lawyer to fight it out for me or? thanks in advance for yr valuable advice!

[therat 18]

1. There is such thing call automatic.

2. you need to proof that you did contribute the mthly loan. Bank transcation? account log book.

[gimz63251073 0]

u would have to prove how you have contributed to the mortgage payments. If u had merely passed cash to him, well then u would have a harder time. He could simply deny everything.

If u had transferred the money via bank account, you have a better chance.

[chronograph 0]

If u can prove u indeed contribute to the loan, get your lawyer to ask for 50%.

This is definitely court case.

[alexiss 0]

thanks guys, not sure how im gonna prove it since like i said im self employed (im a piano tutor) so whenever i get fees from my students i'll bank them in via the cash deposit machine to our joint acct. looks like the only way would be to apply for co-ownership before i divorce but what if he refuses?

Edited October 1, 2011 by alexiss

[angelbutterfly 0]

Yr hubby is also quite smart not to list u as co applicant! It's not true you can't fight for your share.

In Singapore, we still hv women chapter to protect us. What is the reason for divorce? Even if you cannot prove you paid, you still contribute to the household by cooking n cleaning? This prove that you played a part in the family!

Once a relationship turns sour, how will he agree to include you as co applicant? Even if he agrees, r u sure that you will b able to get the share you wish? Pls do not trust juz words!

Yes, you should seek legal advise..

[alexiss 0]

angelbutterfly, thanks so much for yr valuable insight, i really felt better after reading what you wrote!

i'm not asking for big bucks, just what i deserve. which is why i was shocked that HDB said im not entitled to a single cent which is ridiculous. not even 10% or 20% but zero.

its not his fault that i was an occupier then coz i was below 21 so i couldnt be the co-owner. HDB didnt tell me that if i didnt put my name after i turn 21 i will not get a single cent. i thought as a wife no matter what i am entitled to something so whether co-owner or occupier it doesnt matter. who knew? now im 33.

reason for divorce, very simple. hes mentally and verbally abusing me. he shouts and screams at me whenever he wants and its causing me mental anguish. being married for 12 years i tried putting up with him but i just realize this is not working out. getting older means im less tolerant coz i ask myself, is this the life i wanna live?

i guess i hv no choice but to take it to the court. am finding a lawyer or calling AWARE 1st thing on monday morning.

[therat 18]

i'll bank them in via the cash deposit machine to our joint acct.

U use ATM to access the cash deposit machine or Bank book?

If Bank Book, make a photo copy of it. To proof these transaction is yours

[Plastic3 0]

Yup, you have to get a lawyer to help you, HDB only go according to procedure & protocol.

Like what angelbutterfly said, even if you are unable to prove your contribution in paying for the monthly loans,

your lawyer can bring up other arguments like your contribution in maintaining your home, or if you have paid for any renovations or repairs to the home.

Best,

Mark

[simranjits 0]

angelbutterfly, thanks so much for yr valuable insight, i really felt better after reading what you wrote!

i'm not asking for big bucks, just what i deserve. which is why i was shocked that HDB said im not entitled to a single cent which is ridiculous. not even 10% or 20% but zero.

its not his fault that i was an occupier then coz i was below 21 so i couldnt be the co-owner. HDB didnt tell me that if i didnt put my name after i turn 21 i will not get a single cent. i thought as a wife no matter what i am entitled to something so whether co-owner or occupier it doesnt matter. who knew? now im 33.

reason for divorce, very simple. hes mentally and verbally abusing me. he shouts and screams at me whenever he wants and its causing me mental anguish. being married for 12 years i tried putting up with him but i just realize this is not working out. getting older means im less tolerant coz i ask myself, is this the life i wanna live?

i guess i hv no choice but to take it to the court. am finding a lawyer or calling AWARE 1st thing on monday morning.

He just started doing all this? It must have been triggered by something? stress? medical condition?

[chronograph 0]

Married for 12 years can definitely ask a certain % of what he owns. Talk to your lawyer, lawyer will advice accordingly. I say ask for 50% of what he has.

U have kids? Can ask for maintenance for the kids.

[alexiss 0]

@therat - i used ATM card, i dont hv bank book.

@plastic3 - thanks, its very comforting to know that. obviously in terms of financially he has contributed more but i think i did my fair share in maintaining the house. i contributed financially also, just not as much as him.

@simranjits - nah, i think he has a personality disorder. all along hes got a fiery temper but these few years he became worse. maybe he thought he can bully me and i will never leave him. hes taken me for granted and doesnt respect me anymore. he knows he has an anger problem but refuses to seek help.

@chronograph - i dont need 50% though if the judge wanna give it to me i definitely will not refuse. i think if wanna talk abt compensation this is more to compensate on my mental anguish, endless tears and sleepless nights. no i dont hv kids. getting married to him had been a mistake, luckily i did not make a 2nd mistake by having kids with him.

[angelbutterfly 0]

Alexiss - I left message in yr pm. U can call me n I can help u before u spend more on legal fees!

Do u know how to open message cos I left a long written one but u have not read it yet...I have enclose some important details for u.

Do not b despair. Take care!

My email is awjelyn@yahoo.com.sg

[alexiss 0]

awjelyn, haha yes of coz i know how to open my PM just havent had much time coz i had a few classes today. will read and get back to you, thanks babe!

[angelbutterfly 0]

Dear all,

Even if under joint applicant, it does not means that both applicant can automatically get 50% share each. HDB does not interfere how you gonna spilt the cash profit. They will normally ask both of you to open a joint account and bank the cheque in. You can request to spilt cheques but amount have to b agreed by both parties. If there is a dispute during yr HDB appointment, the resale officer will not interfere.

Hence, when a relationship turns sour, it's best to bring the case to lawyer so that the cash profit will b directed to lawyer n amount is spilt properly before it is dispose to u. This can only b done after an agreement is signed at the law firm with a legal fees involved.