What Happens to Your HDB Flat after an Annulment?
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 an “Agreed Matrimonial Property” Plan to the HDB.
Find out how much does it cost to engage a divorce lawyer in Singapore, here.
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