When a married couple in Singapore goes through a divorce, the division of property, particularly real estate, involves a legal process governed by the Women's Charter. Here are the key aspects and steps involved in handling property during a divorce:

1. Type of Property:

   • HDB Flats: For public housing (HDB flats), certain rules apply, especially regarding the Minimum Occupation Period (MOP). If the MOP is not met, the flat generally cannot be sold on the open market.

   • Private Property: Private properties do not have MOP requirements but must be considered in the overall division of assets.
     

2. Division of Matrimonial Assets:

   • Matrimonial Property: Properties acquired during the marriage or those substantially improved by both parties are considered matrimonial assets.

   • Non-Matrimonial Property: Properties acquired before marriage, not improved by the other party, and not used as the matrimonial home may not be considered matrimonial assets.
     

Legal Process:

1. Mediation and Counselling:

   • Couples are encouraged to resolve disputes amicably through mediation. The Family Justice Courts offer mediation services to help couples reach an agreement without prolonged litigation.
     

2. Court's Role:

   • If mediation fails, the court intervenes to ensure a just and equitable division of assets. The court considers factors such as the financial contributions of both parties, non-financial contributions (like homemaking and child-rearing), the needs of the children, and the economic disparity between the spouses.
     

1. HDB Flats:

   • Sale of Flat: If both parties agree, the HDB flat can be sold, and the proceeds divided.

   • Transfer of Ownership: One party can take over the flat, usually subject to certain conditions and eligibility criteria. This is common if there are children involved and one parent needs to remain in the flat to care for them.

   • Surrender to HDB: If the MOP is not met and the flat cannot be retained by either party, it may need to be surrendered to HDB.
     

2. Private Property:

   • Sale and Division: The property can be sold, and the proceeds divided according to the court's determination.

   • Transfer of Ownership: Similar to HDB flats, one party can take over the property if they can afford it and compensate the other party.
     

Financial Considerations:

1. Outstanding Loans:

   • Any outstanding mortgage or loan on the property must be settled either through the sale proceeds or by the party taking over the property.
     

2. CPF Refunds:

   • If CPF savings were used to purchase the property, refunds need to be made to the respective CPF accounts from the sale proceeds or before transferring ownership.
     

Post-Divorce Arrangements:

1. Rehousing:

   • The party not retaining the matrimonial home will need to find alternative housing. HDB offers various schemes for divorced individuals, including eligibility to buy a new BTO flat or a resale flat under certain conditions​.
     

2. Child Custody and Care:

   • Housing arrangements must also consider the best interests of any children involved. This may influence who retains the matrimonial home.
     

For more detailed information and to explore options tailored to your situation, it is advisable to consult the Family Justice Courts website and the HDB’s guidelines on property division during divorce. Do speak to us, our experience in handling sensitive issues will undoubtedly help both parties progress smoothly and swiftly.