In 2018, the Housing and Improvement Board (HDB) removed a 3-year time-bar for divorcees to purchase a HDB flat. This merely means divorced individuals now not have to attend three years to purchase an HDB flat after their divorce.
The Minister for Nationwide Improvement had expressed the hope that the elimination of the debarment would assist divorced individuals present a extra conducive dwelling surroundings for his or her kids.
Nevertheless, the transfer has sparked issues of exploitation, the place could deliberately divorce to buy one other HDB flat other than their matrimonial dwelling. Monetary acquire is a possible motive for resorting to such a measure, as they will obtain revenue from renting out both flat whereas they reside collectively.
Can I Receive a Divorce on the Grounds of Buying One other HDB Flat?
Wanting to buy an extra HDB flat won’t be a motive the courtroom will settle for for granting a divorce.
It’s because to break up, the plaintiff (i.e. the partner submitting for divorce) has to show there was irretrievable breakdown of their marriage with the defendant (i.e. the partner in opposition to whom the divorce is filed). And to do this, the plaintiff has to show to the courtroom a number of of the next info:
- That the defendant has dedicated adultery and the plaintiff finds it insupportable to reside with the defendant;
- That the defendant has behaved in such a way that the plaintiff can’t moderately be anticipated to reside with the defendant;
- That the defendant has deserted the plaintiff for a steady interval of at the very least 2 years instantly previous the submitting of the writ for divorce;
- That the events to the wedding have lived apart for a steady interval of at the very least three years instantly previous the submitting of the writ and the defendant consents to the divorce; or
- That the events to the wedding have lived aside for a steady interval of at the very least four years instantly previous the submitting of the writ.
Wanting to buy one other HDB flat is therefore not a legitimate floor for divorce and is subsequently unacceptable by the courts.
What May Occur If I’ve Efficiently Obtained a Divorce and Bought One other HDB Flat?
Nevertheless, what might be a difficulty is the place married who’ve efficiently been granted a divorce, have been discovered in a while to have deliberately used their new single standing to buy one other HDB flat.
Household lawyer Ms Tracy Wang says:
“Within the occasion that HDB finds that the purchaser, being a divorcee, has deliberately divorced to purchase one other HDB flat, HDB could revoke any grants of subsidies to them and repossess the HDB flat.”
She cautions that such instances could even represent against the law corresponding to dishonest.
To make sure divorces are authentic nonetheless, attorneys additionally do their half to make sure are less than any ruse. Ms Wang talked about means attorneys verify the validity of a divorce declare could be by assessing the behaviour of the on a case-by-case foundation.
Have Instances of Divorcing to Purchase HDB Flats been Recurrent in Singapore?
It might not come as a shock to Ms Wang that there are deliberately divorcing to buy one other HDB flat, probably for monetary causes (as talked about above). However, Ms Wang says she personally has not seen a rise in divorcing simply to buy one other HDB flat.
She added that:
“Most of the time, events in a divorce would favor to dump their matrimonial flat and transfer on with their lives. If a divorced individual retains possession of the matrimonial flat, that is doubtless for the well-being of their kids, or that promoting their HDB flat would lead to a loss.”
We hope that this text has given you additional consciousness on the regulation on divorce in Singapore. who’re contemplating to deliberately divorce to buy one other HDB flat must be conscious of the attainable penalties. Don’t let greed soil the sanctity of marriage.
This text was first printed on Singapore Legal Advice and was republished right here with permission.
The publish Is It Legal for Married Couples to Divorce to Buy Another HDB Flat? appeared first on theAsianparent – Your Guide to Pregnancy, Baby & Raising Kids.