One of the most pressing concerns for many divorcing parties in Singapore is the ability to retain the matrimonial HDB flat, especially when children are involved. Based on HDB’s prevailing policies, it is possible for one party to keep the flat, provided certain eligibility conditions are satisfied.

Understanding HDB’s Eligibility Conditions for Ownership Transfer After Divorce

To take over ownership of an HDB flat following a divorce, the following HDB eligibility conditions must be satisfied:

Change Must Arise from Divorce

The change in flat ownership must be due to a change in family structure, such as a divorce. If your divorce is granted, this condition will be fulfilled.

Relationship Requirement

The proposed owner must be an immediate family member of the current owner. This is satisfied as you are the owner’s spouse.

Eligibility Scheme

You must qualify under one of HDB’s recognised eligibility schemes.

Minimum Age Requirement

You must be at least 21 years old, which you have already met.

Citizenship Status

Proposed owners must be either Singapore Citizens (SC) or Permanent Residents (PR). If all proposed owners are PRs, at least one must have held PR status for a minimum of 3 years. As you only received PR status in August 2024, you will only meet this requirement after 8 August 2027.

No Ownership of Other HDB Properties

You must not own or be listed as an essential occupier of another HDB flat, DBSS flat, or Executive Condominium (EC) still within its Minimum Occupation Period (MOP).

Private Property Ownership Restrictions

If you or any proposed owner has owned private property (or disposed of it within the last 15 months), you can still qualify only if:

• The existing HDB flat’s MOP has been fulfilled;
• At least one proposed owner is a Singapore Citizen;
• All proposed owners and occupiers will continue to live in the flat after the ownership change.

Debarment Status

You must not be debarred from purchasing or owning an HDB flat due to past infringements.

Financial Responsibilities of Retaining the Flat

You must be financially prepared to:

• Take over any existing mortgage
• Refund CPF monies used by the outgoing owner

“HDB does not grant any loan for the amount of consideration/sum payment if the Court has ordered for such sum to be paid to one of the parties as one of the terms of the divorce. This includes the CPF refund to be borne by the withdrawing owner upon the ownership change.”

Alternatives to Ownership Transfer

If a standard transfer is not viable (e.g., due to financing issues), parties may consider a resale of part-share. In such cases:

“Banks or financial institutions licensed by the Monetary Authority of Singapore (MAS) generally only grant a mortgage loan if the change in flat ownership is done through a fractional purchase (resale of part-share). Proposed owners are advised to check financing terms before proceeding.”

If a CPF refund is to be waived or partially waived, HDB requires, the CPF Board’s confirmation letter indicating their consent to such Court Order must be submitted to HDB at the point of application.

How to Improve Your Chances of Retaining the Flat

To increase the likelihood of retaining the HDB flat for yourself and your children, consider the following:

• • Settle ancillary matters related to property, custody, care, and control
  • Ensure you meet all eligibility conditions listed above
  • Be financially capable of handling mortgage and CPF obligations
  • Agree with your ex-spouse (or request a court order) on the mode of ownership change—transfer or resale of part-share