Divorce and separation questions on HDB

[momogaga]

Also, I am just in my first year of MOP. Could I do separatuon for 3-4 years and drag the divorce until after MOP so I can sell on open market or takeover.

[Xyberduke]

Originally Posted by momogaga

Also, I am just in my first year of MOP. Could I do separatuon for 3-4 years and drag the divorce until after MOP so I can sell on open market or takeover.

for the house, yes.

[Triple70]

Originally Posted by momogaga

I am surprised to know from damong that a PR can take over the HDB if above 36 years old ? I thought HDB is meant for citizen only. With policy every so protective and biased towards citizens.

I believe damong may be incorrect.
Under the 35 and above scheme, it's only meant for single citizen.

The Public scheme that PRs normally purchase HDB flats.. must include another PR or citizen.

http://www.hdb.gov.sg/fi10/fi10321p....y?OpenDocument

[4getful]

Originally Posted by Triple70

I believe damong may be incorrect.
Under the 35 and above scheme, it's only meant for single citizen.

The Public scheme that PRs normally purchase HDB flats.. must include another PR or citizen.

http://www.hdb.gov.sg/fi10/fi10321p....y?OpenDocument

Oh i am surprise to know two pr can purchase a hdb flat. Hdb flat is for citizen only, it should be at least 1 pr n 1 citizen, so surprise to learn that. As for those local single men who already own a hdb flat, n decided to marry a foreign woman. If so unfortunately they died, their flat will goes to the foreign bride. Even the parents or sister bro staying tgt with him will be chase out and the foreign bride can sell it and took all his cpf n hse money. Unless the decease make a nomination before he died. Got such thing?

TS, your divorce lawyer can advise you on any questions you have regarding the divorce or seperation. They r professional n their info are more up to date.

[Triple70]

Originally Posted by 4getful

Oh i am surprise to know two pr can purchase a hdb flat. Hdb flat is for citizen only, it should be at least 1 pr n 1 citizen, so surprise to learn that. As for those local single men who already own a hdb flat, n decided to marry a foreign woman. If so unfortunately they died, their flat will goes to the foreign bride. Even the parents or sister bro staying tgt with him will be chase out and the foreign bride can sell it and took all his cpf n hse money. Unless the decease make a nomination before he died. Got such thing?

The govt belief is that resale flats are no longer considered subsidised flats. Any subsidies is through CPF or other form of grants which are strictly for citizens only. Let's be fair, PRs do need a place to stay, and not all are the rich types.

As for the happy sg guy who marries a foreign bride.. it's his flat, and his decision who to give it to. Parents.. siblings.. just because they are sg citizens.. dun mean they shd get the flat. Freedom of choice for the guy to decide. I can clearly understand why foreign brides are so alluring. The push factor is substantial.

[MoJoe313]

Originally Posted by 4getful

As for those local single men who already own a hdb flat, n decided to marry a foreign woman. If so unfortunately they died, their flat will goes to the foreign bride. Even the parents or sister bro staying tgt with him will be chase out and the foreign bride can sell it and took all his cpf n hse money. Unless the decease make a nomination before he died. Got such thing?

The nomination is a simple format of a Will. Should anyone pass on, in the absence of a Will, the rules of Intestacy applies. His assets will all go to his spouse. If the deceased has kids, the spouse gets 50% of all assets while the remaining 50% is divided equally between his children. If no wife and kids, then it goes to parents and siblings. So in your example, if he owns the apartment and his foreign wife can prove the marriage, she gets all his assets. Cpf and apartment is part of the list of assets.

To avoid such a scenario, get a Will done. It won't cost much. I did mine for $100+. You can dictate who you want to give your assets to and in what proportion. Protects the dependents. The executors of your estate can bypass a lot of lengthy process that a Intestate case has to go through.

[MoJoe313]

If I am not wrong, one can nominate for CPF only. Don't think there is such thing as nominate for flat. Must use a Will to do that.

And if I am not wrong, the nomination must be done AFTER he marries. If done before he marries, his marriage nulls his nomination. If no nomination is re-done, it goes Intestate.

[MoJoe313]

Originally Posted by momogaga

Hi bros
wondering if any bros out there care to enlighten and share some mechanics and legal of the above topics.

1. Pertaining to a new HDB how would this be handled?
2. Will divorce based on grounds of adultery affect my chances of getting a fair distribution of the asset?
3. What are my chances of retaining the asset if I am a PR? I have been a PR for 10 years.

I know there are something written on relevant sources but I thought I would hear from bros who have been there and emphatize with my situation.

1. When you get your Decree Absolute, you can apply to HDB with it to dispose of your HDB if it falls inside the minimum stay period. Don't expect your Decree Absolute to come so fast. It can take years.

2. Nope. Adultery is just used to determine inability to live together. The division of assets takes a lot into consideration, including each's contribution. You can assume it to be 50/50. She may get maintenance in addition to her 50% if she can prove she has no income and is fully dependent on you.

One trick the woman's lawyer usually use is to ask for $1. Do not agree to it if you can. She can vary it upwards later. You don't want to have a high income during this process. I got a friend who purposely took on a lower paying job to avoid maintenance. When it was over, he quietly got back a job that paid him well.

3. Law is blind to whether you are PR or otherwise.

Hope you don't have kids. It gets a lot more complicated.

[MoJoe313]

Originally Posted by momogaga

Also, I am just in my first year of MOP. Could I do separatuon for 3-4 years and drag the divorce until after MOP so I can sell on open market or takeover.

Bro,
I think you are very confused. Your divorce and HDB are 2 separate matters. You can separate, drag or don't drag or drag during the divorce proceedings etc. It doesnt affect your HDB. Only upon application do you need a family nucleus. After possessing it, its yours. Your family nucleus disintegrates, HDB can't take it back. (Imagine if one spouse dies, HDB cant ask for it back). If you want to dispose it before MOP, just write in.

[damong777]

Originally Posted by 4getful

Always have this curiosity when ppl say adultery. Is it caught red handed, the hubby told her or just based on guessing? I mean can always denied. Exchanging of sms or email is not a strong proof to convince one has sex with a woman. Smart women need more proof than these, unless the woman is already sick of the marriage, way before the incident happen. but with the enhance in wc, i guess more women are more willing to initiate a divorce proceesing.

Must be caught red handed. Confession by spouse in written or in front of witness acceptable.

[damong777]

Originally Posted by Triple70

I believe damong may be incorrect.
Under the 35 and above scheme, it's only meant for single citizen.

The Public scheme that PRs normally purchase HDB flats.. must include another PR or citizen.

http://www.hdb.gov.sg/fi10/fi10321p....y?OpenDocument

I do agree I may be wrong. That why best write in to hdb to ask. Got a response within 3 working days

[damong777]

Originally Posted by MoJoe313

1. When you get your Decree Absolute, you can apply to HDB with it to dispose of your HDB if it falls inside the minimum stay period. Don't expect your Decree Absolute to come so fast. It can take years.

2. Nope. Adultery is just used to determine inability to live together. The division of assets takes a lot into consideration, including each's contribution. You can assume it to be 50/50. She may get maintenance in addition to her 50% if she can prove she has no income and is fully dependent on you.

One trick the woman's lawyer usually use is to ask for $1. Do not agree to it if you can. She can vary it upwards later. You don't want to have a high income during this process. I got a friend who purposely took on a lower paying job to avoid maintenance. When it was over, he quietly got back a job that paid him well.

3. Law is blind to whether you are PR or otherwise.

Hope you don't have kids. It gets a lot more complicated.

Be careful w point 2. If the spouse is smart enough to find out, she can ask for review or sue the man for false declaration of intent...no fun.

[VaeVictus]

What about:

Inheriting HDB from parents.
Parents pass away and owner of Flat is just me.
If I get married and we end up in divorce, will she be entitled to half of the flat when my parents paid in full for the HDB years ago?
Will i need to sell the flat during the divorce?

[MoJoe313]

If you can prove you inherited the flat fully, with no loans, it will not form part of the matrimonial assets.

You don't have to sell when you divorce. Its yours.

The test is what you 2 accumulated DURING marriage.

[MoJoe313]

Originally Posted by damong777

Be careful w point 2. If the spouse is smart enough to find out, she can ask for review or sue the man for false declaration of intent...no fun.

Yea, thats what the $1 does. She can vary it upwards long after the divorce, meaning she need not find a job, fucks another man and get you to pay her bills. No fun indeed.