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.
- Process for Getting Divorced in Singapore (With Diagram)
- How Can I Divorce Overseas?
- Mandatory Parenting Programme Guide for Divorcing Parents
- Online Divorce in Singapore: How It Works and Should You Get One?
- Getting a Divorce Due to “Irreconcilable Differences” in Singapore
- Judicial or Legal Separation in Singapore: When and How to File
- Should You Make a Post-Nuptial Agreement in Singapore?
- How to Divorce Within 3 Years of Marriage in Singapore
- Guide to Personal Protection Orders in Singapore
- Prenuptial Agreements in Singapore
- What are the Legal Grounds for Getting a Divorce?
- Separation in Singapore
- Annulment of Marriage in Singapore
- Practical Preparations for a Divorce
- 3 Finance Questions To Ask Before a Divorce
- Procedure for Ancillary Matters
- What Happens to Gifts Between Spouses During a Divorce?
- What Happens to Property and Assets Located Overseas Upon a Divorce in Singapore?
- Getting Divorced: Child Maintenance in Singapore
- Singapore Divorcee's Guide to Relocating Your Child Overseas
- Maintenance of Spouse in a Singapore Divorce
- Guide to Child Custody, Care and Control, and Access in Singapore
- How the Court Divides Matrimonial Assets in a Singapore Divorce
- What Happens to Your HDB Flat after Divorce?
- Variation of Maintenance Orders in Singapore
- Division of CPF Assets (Monies, House, Investments) after a Divorce
- Divorce Certs in Singapore: How to Get a Copy and Other FAQs
- Transfer of Matrimonial Home to Ex-Spouse After Divorce
- What to Do If Your Ex-Spouse Denies You Access to Your Child
- What to Do If Your Ex-Spouse Does Not Provide Maintenance
- Can Foreigners Divorce in Singapore?
- Expat or Foreigner Divorce in Singapore: 10 Legal Issues to Consider
- Should British Expats Divorce in Singapore or England?
- Immigration Issues for Divorcing Expatriates
- Hague Convention: Overseas Child Abduction in Singapore Divorce
- Case Study: Cross-Border Child Custody and the Hague Convention on International Child Abduction