If both parties have filed a divorce, the property will be divided upon divorce if the court considers it a marital asset. However, suppose the court rejects your property to be a marital asset. In that case, the property will not be divided, and both the parties can retain your respective shares in the property.

In the article, we will discuss what is the process of divorce in case of marital assets, how these assets can be divided, and when a property will be considered a marital asset.

What will happen to my property if my marriage has been declared invalid?

If your marital home is an HDB flat, then you have to surrender your flat to HDB. You will get a surrender value, which is a sum of compensation, subject to HDB’s valuation in exchange for surrendering your flat. Otherwise, if you want all your divorce procedures to go smoothly, you can hire a lawyer for a divorce in Singapore, who will assist you well, and make you understand, what is the process of divorce.

In what conditions can I transfer my share in the property to my ex-spouse?

You can transfer your share in the marital property to your ex-spouse if the court is of the view that it is fair and reasonable to order you to do so. The court will not exercise its power to order you to transfer your share in the property to your ex-partner if both the parties come to a private agreement on your own on what will happen to the property after divorce.

In what situations can my ex-spouse retain the HDB flat?

If the MOP (Minimum Occupation Period) is satisfied, your partner may retain the HDB flat in the following situations:

• If he/she has care and control of the children, and whether he/she is capable of financing the home loan for the HDB flat.

• If there are no children to the marriage and he/she is eligible to retain the apartment under the Single Citizen Scheme.

• If either of your parent’s names is listed on the flat application.

You can transfer your share in the HDB flat under the above conditions. Otherwise, you need to sell your HDB flat.

How can I apply to transfer my share of the HDB flat?

Before applying, you have to pay all your loans and refund any grants, such as housing grants from HDB, taken from the government. An experienced lawyer for a divorce in Singapore will help you out in all the marital problems and divorce procedures.

What are the documents required for the transfer?

The following documents are required for your transfer application:

• ID Card

• Duplicate lease

• Divorce documents (Certificate of Making Decree Nisi Absolute)

• Deed of separation

• A written confirmation from the CPF Board indicating their consent to the Court Order

• written confirmation from a lawyer for a divorce in Singapore that he /she is acting on behalf of transfer

• If you and your spouse is an undischarged bankrupt, written consent from the Official Assignee on the ownership change

• Any documents requested by HDB

How much do you need to pay for the transfer?

Payable fees include:

• Administrative fees

• Stamp duties

• Conveyancing fees

Also, both the parties need to attend an appointment at the HDB branch to finalize the transfer and make full payment.

Do you need legal advice for the best lawyer for a divorce in Singapore? Mr. Jonathan Wong is the best divorce lawyer in Singapore, and you can take help from him, and he will manage all the divorce procedures and distribution of assets effectively.

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