Divorce is a life-changing event, and one of the most pressing concerns for couples going through this process is what happens to their HDB flat. For many, the flat represents more than just a property—it’s a home, a place of stability, and often the most significant shared asset.
If you’re wondering, “Can I keep my HDB flat after divorce?”, the answer depends on several factors, including eligibility criteria set by HDB, child custody arrangements, and the Single Singapore Citizen Scheme. This article will guide you through the options available for retaining your flat and what steps you need to take.
1. Who Can Retain the HDB Flat After Divorce?
Under HDB regulations, at least one party must meet the eligibility criteria to retain ownership of the flat after a divorce. The key considerations include:
Retaining the Flat Under the Existing Eligibility Scheme
- If the flat was purchased under the Public Scheme (i.e., as a married couple), one party may retain it if they continue to meet the scheme’s requirements (e.g., with another family member like a parent).
Sole Ownership Under the Single Singapore Citizen Scheme (SSCS)
- If neither party is eligible under the original scheme, a Singapore Citizen may retain the flat under the Single Singapore Citizen Scheme if they are at least 35 years old and meet HDB’s requirements.
Retaining the Flat with Child Custody
- If the divorcing couple has children under 21 years old, the parent with care and control of the children is usually prioritized to retain the flat.
Joint Ownership (Divorce by Mutual Agreement)
- In some cases, couples may opt for joint ownership post-divorce if they agree to co-own the flat under a shared arrangement, though this is less common.
Sale of the Flat (If Neither Party Qualifies)
- If neither spouse meets HDB’s criteria for retention, the flat may need to be sold on the open market or surrendered to HDB.
2. Keeping an HDB Flat With Child Custody
If you are awarded care and control of your children in the divorce, you have a strong case to retain the HDB flat.
Key factors considered by HDB and the courts:
- Your role as the primary caregiver – Whether you are the parent responsible for the child’s daily needs.
- The child’s well-being – Ensuring they have a stable home environment post-divorce.
- Financial ability – Whether you can continue financing the flat on your own.
If you qualify, the ownership of the flat may be transferred to you via a court order.
3. Retaining an HDB Flat Under the Single Singapore Citizen Scheme
If you don’t have children or do not have care and control, you may still retain the flat under the Single Singapore Citizen Scheme (SSCS).
Eligibility Criteria:
- You must be a Singapore Citizen.
- You must be at least 35 years old.
- The flat must have met the Minimum Occupation Period (MOP).
If you meet these conditions, you can apply to retain the flat as a sole owner. However, if you haven’t met the MOP requirement, you may need to sell the flat on the open market or surrender to HDB.
4. What If I Haven’t Reached the Minimum Occupation Period (MOP)?
HDB flats have a Minimum Occupation Period (MOP) of 5 years, during which they cannot be sold on the open market unless there are exceptional circumstances.
What happens if you divorce before completing the MOP?
- You cannot sell the flat on the open market unless you receive special approval from HDB.
If neither spouse is eligible to retain the flat, it may need to be surrendered to HDB. - Special Approval for Sale – In cases of hardship (e.g., financial distress), you can appeal to HDB for permission to sell the flat before the MOP is met.
- One spouse retain with the child
If you are facing an MOP issue, it’s highly recommended to consult a divorce lawyer in Singapore for guidance on the best course of action.
5. Selling the HDB Flat After Divorce: What You Need to Know
If neither party qualifies to retain the flat, the next step is to sell it.
How are the sale proceeds divided?
- The division of proceeds depends on each party’s financial contributions towards the flat (e.g., CPF contributions, cash payments).
- If the flat was purchased using joint names, the courts may decide on a fair split based on direct and indirect contributions.
- Any CPF refunds used for the flat will need to be returned to the respective accounts before proceeds are divided.
Tip: If you’re unsure how the proceeds should be divided, seek legal advice from a divorce lawyer in Singapore to ensure you receive your fair share.
6. Why You Need a Divorce Lawyer in Singapore for HDB-Related Divorce Issues
HDB flat ownership during divorce is a complicated legal matter that requires careful planning and execution. The division of assets, eligibility criteria, and financial settlements can be overwhelming without professional guidance.
- Legal Expertise on HDB Regulations – A lawyer ensures you meet the criteria to retain or sell your flat.
- Negotiating a Fair Asset Division – Ensures you receive the correct share of CPF refunds and sale proceeds.
- Drafting Court Orders for Flat Transfer – If you are retaining the flat, a lawyer helps secure the legal transfer of ownership.
- Handling Appeals and HDB Applications – If you need special approval from HDB, a lawyer can guide you through the process.
Conclusion: Secure Your Future with the Right Legal Guidance
If you’re wondering, “Can I keep my HDB flat after divorce?”, the answer depends on HDB’s eligibility criteria, child custody arrangements, and your ability to finance the flat.
- If you have care and control of children, you have a higher chance of retaining the flat.
- If you meet the Single Singapore Citizen Scheme (SSCS) requirements, you can apply for sole ownership.
- If you haven’t met the Minimum Occupation Period (MOP), you may need to seek HDB’s special approval.
Since HDB regulations and asset division laws can be complex, working with a divorce lawyer in Singapore ensures you make the right decisions. Whether you’re keeping, transferring, or selling your flat, having legal guidance will protect your rights and secure your future.
At YY Lee & Associates LLC, we specialize in divorce and property division cases, ensuring that our clients receive the best possible outcome for their HDB flat ownership.📞 Call us at 8780-2499 today to schedule a consultation with an experienced divorce lawyer in Singapore.