Hosted by our two senior real estate agents and presented by our Head of Mortgage Advisory & Legal Conveyancing, Nicholas Tan, our two-hour seminar treated our participants to an exciting day learning about:
- Top 5 Legal Conveyancing Mistakes
- Difficult Questions Following a Loss, Death, Divorce, Separation
- What Happens to Your BTO After Calling Off Your Engagement?
- Choosing the Right Lawyer
Here are the key takeaways.
Difficult Questions Following a Loss, Death, Divorce, Separation
Family structures can change after a life event and affect your eligibility to retain your HDB flat. How do such changes affect you?
1. What Happens When a Joint Owner Dies?
One of the most frequently asked questions is whether you will still be eligible to retain the flat if the joint owners have passed away.
As the remaining family or single occupier, here are the eligibility requirements to retain the existing flat:
- Singapore Citizen (SC) or Singapore Permanent Resident (SPR);
- At least 21 years old; and
- Satisfy HDB’s eligibility rules and conditions to own a flat.
For example, a married couple are joint-owners of a flat. In the event of death or demise of a joint owner, the husband’s or the wife’s share or interest in the flat will be transferred to the remaining owners, who will have to lodge a Notice of Death with the Singapore Land Authority (SLA) for the purpose of updating official records.
As a remaining joint-owner, there are three options to lodge the notice:
- You may choose to lodge the Notice of Death personally at SLA: Visit www.sla.gov.sg > FAQs > How do I lodge a Notice of Death to inform SLA of the death of a joint owner
- Appoint your own solicitor to lodge the Notice of Death on your behalf
- Engage HDB legal services through the managing HDB Branch of the flat
2. What Happens After the Demise of Sole Owner/ Tenant-in-common?
If the flat’s sole owner or co-owner passes away, his interest in the flat will be distributed according to his will, or the provisions of the Intestate Succession Act if there is no will. A court order is required to obtain legal authority to administer the deceased’s estate.
As the remaining family or single occupier, here are the eligibility requirements to retain the existing flat:
- Singapore Citizen (SC) or Singapore Permanent Resident (SPR)
- At least 21 years old
- Satisfy HDB’s eligibility rules and conditions to own a flat
If there is a will:
The deceased’s interest in the flat will be distributed according to the will. You will need a Grant of Probate for this. The deceased’s family should engage a private solicitor to apply for this court order, which gives legal authority to the Executor (the person named in the will) to manage the deceased’s estate.
If there is no will:
The deceased’s interest in the flat will be distributed according to the provisions of the Intestate Succession Act. Then you will need Grant of Letters of Administration. The deceased’s family should engage a private solicitor to apply for this court order, which gives legal authority to the Administrator to manage the deceased’s estate.
3. What Happens After Divorce?
During a divorce, you can retain the flat if you have custody of the child (including care and control) granted all the eligibility conditions are met. However, divorce must not be due to non-consummation of marriage or annulment.
If you have no children from your marriage, you can take over the flat under the Single Singapore Citizen (SSC) Scheme or include another person to retain the flat.
For matrimonial flats bought directly from HDB and resale flats bought with the CPF Housing Grant for Family, the 5-year Minimum Occupation Period (MOP) must be satisfied before you can retain the flat under the SSC Scheme.
Eligibility to retain the flat after divorce if you have no children under SSC Scheme:
- You are a Singapore citizen
- You are at least 35 years old
- Your matrimonial flat is a resale flat purchased from the open market without the CPF Housing Grant for Family
If you wish to sell your flat in the open market, you must have satisfied the MOP by the divorce completion date.
4. What Happens After Annulment of marriage/ break-up of fiancé and fiancée?
If a divorce is due to the non-consummation of marriage, annulment of marriage, or if there is a break-up of the fiancé/ fiancée relationship, neither party is allowed to retain the HDB flat.
Retention of the flat is only allowed if either of your parents were originally listed in the application to buy the flat. If none of you is eligible to retain the flat, the flat may have to be returned at the prevailing compensation price, subject to HDB’s approval.
Eligibility to retain the flat after the annulment of marriage/ break-up of fiancé and fiancée:
The HDB will conduct an assessment of your eligibility to retain the flat.
If you are seeking an annulment of marriage, you should request for the private solicitor handling your divorce or annulment to submit either an “Agreed Matrimonial Property” Plan or “Standard Query” form to the HDB Branch managing your matrimonial flat.
5. What Happens After Separation?
You can retain the flat if you have custody of the child (including care and control). However, if you have no children from the marriage, only one of you is allowed to include another person to retain the flat.
If neither of you is able to retain the flat, you will need to dispose of the flat.
Options in Disposing your HDB Flat
| Completed the MOP | Not completed the MOP |
|---|---|
| Sell the flat in the open market | Return the flat at the prevailing compensation price. This is subject to HDB’s approval. |
6. What Happens After Loss of Citizenship or Singapore Permanent Resident status?
If there is a change to your citizenship, the HDB will review your eligibility to retain the flat. If you cannot retain the flat, you will need to dispose of the flat in the open market. This is provided you have completed the MOP at the point of change of your citizenship.
Your eligibility to resell the flat is subject to the resale policy at the time of application. If the MOP have not been completed, HDB will have to acquire the flat at a compensation price determined by them.
7. What Happens After Your Child Moves Out Due to Marriage
Your eligibility to retain the flat is considered on a case-by-case basis. You will need to approach the managing HDB Branch of the flat.
Now that you know the answers to the seven difficult questions following a loss, death, divorce or separation, you will have an idea whether you are eligible to retain your HDB flat.
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