What Happens to Your HDB Flat after an Annulment?

Last updated on January 10, 2019

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A marriage may be annulled within three years of marriage under certain conditions. Where 80% of residential homes in Singapore are Housing and Development Board (HDB) flats, it is important that you know what will happen to your HDB flat following the annulment of your marriage.

A marriage can only be annulled if it is void or voidable in law. In both instances, a successful application for annulment will result in a judgment of nullity allowing for the division of matrimonial assets. The Women’s Charter applies such that the factors applicable to the division of matrimonial assets in the case of a divorce are the same as those of annulments.

Ancillary Relief with Respect to the HDB Flat Specifically

Where a marriage is annulled, both parties must surrender their HDB flat at the prevailing compensation price, subject to HDB approval. This is because an annulment may only occur within the the first three years of marriage, at which time the minimum occupancy period is not met.

However, you may be allowed to retain the flat if your parents were originally listed in the application to purchase the HDB flat. In that case, you can retain the flat with your parents. There are no other established exceptions to this general rule.

In the event that both parties are willing to enter into an agreement to transfer ownership of the flat to one of the parties, an appeal may be made to HDB. All such transfers are subject to HDB’s approval and eligibility criteria.

To determine whether you are eligible to retain the flat, a lawyer can assist you by submitting either an “Agreed Matrimonial Property” Plan or “Standard Query” form to the HDB Branch managing the matrimonial flat.

Find out how much does it cost to engage a divorce lawyer in Singapore, here.

Before getting a divorce
  1. How to Get a Divorce in Singapore in 2019: Process and Requirements
  2. How Can I Divorce Overseas?
  3. Mandatory Parenting Programme Guide for Divorcing Parents
  4. Online Divorce in Singapore: How It Works and Should You Get One?
  5. Civil Marriage in Singapore: Procedure to Register and Solemnise
  6. How to Get a Divorce Within 3 Years of Marriage
  7. Personal Protection Orders (PPOs), Expedited Orders (EOs) and Domestic Exclusion Orders (DEOs) in Singapore
  8. Prenuptial Agreements in Singapore
  9. What are the Legal Grounds for Getting a Divorce?
  10. Separation in Singapore
  11. Annulment of Marriage in Singapore
  12. Practical Preparations for a Divorce
  13. 3 Finance Questions To Ask Before a Divorce
Divorce Fees
  1. Comprehensive Guide to Divorce Fees in Singapore (Updated Sep 2018)
Getting a Divorce Lawyer
  1. The Complete Guide to Choosing a Good Divorce Lawyer in Singapore
  2. First Meeting with Your Divorce Lawyer: What to Bring
  3. Don’t Just Go for the Cheapest Divorce Lawyer in Singapore
  4. Find Experienced Divorce Lawyers in Singapore
  5. Child Custody Lawyers in Singapore
Proving Irretrievable Breakdown of Marriage
  1. How to Prove Adultery for Divorce Purposes in Singapore
  2. Getting a Divorce: How to Prove Desertion
  3. How to Prove Unreasonable Behaviour
  4. How to Prove Separation for a Singapore Divorce
Application for Divorce Part I: Dissolution of Marriage
  1. Procedure for Dissolution of Marriage
  2. Divorce Mediation in Singapore
  3. Divorce Application: What to Do If Your Spouse Cannot be Found
  4. Simplified Uncontested Divorce vs Contested Divorce in Singapore
Application for Divorce Part 2: Ancillary Matters (Maintenance, Assets, Custody)
  1. Procedure for Ancillary Matters
  2. What happens to gifts between spouses when a marriage breaks down?
  3. What Happens to Property and Assets Located Overseas Upon a Divorce in Singapore?
  4. Getting Divorced: Child Maintenance in Singapore
  5. Maintenance of Spouse in a Singapore Divorce
  6. The Guide to Child Custody, Care and Control, and Access in Singapore
  7. How Does the Court Divide Matrimonial Assets in a Divorce?
Post-divorce
  1. What Happens to Your HDB Flat after Divorce?
  2. Variation of Maintenance Orders in Singapore
  3. Divorce Certificates in Singapore: How to Get a Copy and Other FAQs
  4. Transfer of Matrimonial Home to Ex-Spouse After Divorce
  5. What to Do If Your Ex-Spouse Denies You Access to Your Child
  6. What Happens If Your Ex-Spouse Does Not Provide Maintenance?
Expatriate Divorce
  1. Can Foreigners Divorce in Singapore?
  2. Expat or Foreigner Divorce in Singapore: 10 Legal Issues to Consider
  3. Immigration Issues for Divorcing Expatriates
  4. Hague Convention in Singapore: Overseas Child Abduction in Divorce
  5. Case Study: Cross-Border Child Custody and the Hague Convention on International Child Abduction
Muslim or Syariah Divorce
  1. Muslim Divorce in Singapore
Other divorce matters
  1. What Happens to Your HDB Flat after an Annulment?
  2. Case Study - Love conquers All: The Divorce That Didn’t Happen