If you have been married for under 3 years, you may be considering applying for an annulment of marriage (particularly since you have not met the legal requirements for divorce in Singapore). A marriage can only be annulled if it is void or voidable at law. If successful, the annulment proceedings will render the marriage void from the onset and you will be deemed to have never married before.
If you have a flat with your spouse, you may be wondering about what will happen to your HDB flat after annulment in Singapore.
Under HDB’s rules, if there is an annulment of marriage, neither party is allowed to retain the HDB flat unless either party’s parents were originally listed in the application to buy the flat. If neither party is eligible to retain the flat, what will happen to your HDB flat after annulment in Singapore? It may have to be returned at the prevailing compensation price subject to HDB’s approval.
You may wish to refer to HDB’s website for more information.
However, in the event that both parties are willing to enter into an agreement to transfer the ownership of the flat to one party, you may lodge an appeal with the HDB after the grant of the annulment judgment. An agreed matrimonial property plan should be submitted to HDB to determine your eligibility for retention of the HDB flat after annulment in Singapore.
If you are not eligible to retain the HDB flat after annulment in Singapore, and you do not wish to return the HDB flat to HDB, you have the following options.
1. Enter into a Deed of Separation with Your Spouse
You may wish to enter into a deed of separation with your spouse and be separated in the meantime. After reaching the minimum occupancy period of the HDB flat, you may proceed to sell the flat in the open market while still married. Thereafter, you may either commence divorce/ annulment proceedings.
The disadvantage of such an arrangement is that you will still be legally married to your spouse. You will not be able to get remarried or start your new life afresh.
2. File for Divorce After 3 Years of Marriage
a. You are a Singapore citizen who is above 35 years old.
b. The matrimonial home is a resale flat bought from the open market without the CPF Housing Grant for Family.
Otherwise, you can retain the HDB flat after divorce if you have fulfilled the 5-year Minimum Occupancy Period. You may also retain the HDB flat with another person (such as a family member).
If you have care and control of your children, you may also retain the flat by listing the children as occupiers of the flat as you would be able to form a family nucleus with your children.
Last but not least, you will also be able to sell the HDB flat in the open market if you have met the minimum occupancy period of the HDB flat.
If you have more questions about the retention of your HDB flat after annulment in Singapore, you may wish to approach HDB or seek advice from an experienced divorce lawyer in Singapore. Contact us at +6598330314 (whatsapp) for more information.
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