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.
Read our divorce fee guide to find out the fees for engaging a divorce lawyer in Singapore.
- Process for Getting Divorced in Singapore (With Diagram)
- What are the Legal Grounds for Getting a Divorce?
- 3 Finance Questions To Ask Before a Divorce
- Practical Preparations for a Divorce
- How to Divorce Within 3 Years of Marriage in Singapore
- Getting a Divorce Due to “Irreconcilable Differences” in Singapore
- Online Divorce in Singapore: How It Works and Should You Get One?
- How Can I Divorce Overseas?
- Procedure for Ancillary Matters
- Maintenance of Spouse in a Singapore Divorce
- Filling in a Matrimonial Property Plan for a Singapore Divorce
- Dividing Matrimonial Assets in a Singapore Divorce
- What Happens to Your HDB Flat after Divorce?
- What Happens to Gifts Between Spouses During a Divorce?
- What Happens to Property and Assets Located Overseas Upon a Divorce in Singapore?
- Child Custody, Care and Control & Access: Singapore Guide
- Getting Divorced: Child Maintenance in Singapore
- Singapore Divorcee's Guide to Relocating Your Child Overseas
- How to Appeal Your Divorce Case in Singapore
- Divorce Certs in Singapore: How to Get a Copy and Other FAQs
- Transfer of Matrimonial Home to Ex-Spouse After Divorce
- Can Divorcees Buy or Rent HDB Flats, and How?
- What to Do If Your Ex-Spouse Does Not Provide Maintenance
- Variation of Maintenance Orders in Singapore
- What to Do If Your Ex-Spouse Denies You Access to Your Child
- Division of CPF Assets (Monies, House, Investments) After a Divorce
- Immigration Issues for Divorcing Expatriates
- Can Foreigners Divorce in Singapore?
- Expat or Foreigner Divorce in Singapore: 10 Legal Issues to Consider
- Hague Convention: Overseas Child Abduction in Singapore Divorce
- Case Study: Cross-Border Child Custody and the Hague Convention on International Child Abduction
- Can British Expats in Singapore Choose to Divorce in England?
- Divorce for British Expats: Approach to Matrimonial and Non-Matrimonial Assets in England vs Singapore
- Divorce for British Expats: How the English Courts Deal with Financial Matters