- The flat is usually a matrimonial asset, whoever's name it is in.
- There are three main outcomes: one spouse keeps it, it is sold, or it goes back to HDB.
- Most flats have a five-year minimum occupation period (MOP) before they can be sold on the open market.
- The spouse who keeps the flat must meet HDB's eligibility rules, take over the loan and refund the other's CPF.
- A parent with care and control of the children often has the strongest case to keep the flat.
Two questions, not one
Two separate questions decide what happens to an HDB flat in a divorce. The first is how the court divides it as a matrimonial asset, looking at each spouse's contributions. The second is what HDB's rules allow, which decides who can own it afterwards and whether it can be sold.
The flat is usually treated as a matrimonial asset even if only one spouse's name is on it. Being given care and control of the children does not mean the whole flat belongs to you; the court still decides how its value is shared.
The main options
In broad terms, the flat can be dealt with in one of three ways:
- One spouse keeps it and pays the other their share.
- It is sold on the open market and the money is shared.
- It is returned to HDB, usually where neither spouse can keep it and it cannot yet be sold.
The minimum occupation period
Most HDB flats have a minimum occupation period (MOP) of five years from key collection. Until it ends, the flat generally cannot be sold on the open market without HDB's special approval, which may be sought in cases of hardship.
If the MOP has not been met and neither spouse can keep the flat, it may have to be returned to HDB at a price HDB sets.
Keeping the flat
The spouse who wants to keep the flat must be eligible to own it on their own under HDB's rules. Common routes include:
- with children: a parent who has care and control of the children may form a family unit with them that meets HDB's criteria;
- without children: a Singapore citizen aged 35 or over may be able to keep the flat under the Single Singapore Citizen scheme, subject to HDB's conditions about the type of flat and the MOP.
There are other conditions, such as age, citizenship or permanent residence, and not owning another flat.
The spouse who keeps the flat must also be able to pay for it. That usually means taking over or refinancing the loan in their own name, refunding the CPF money the other spouse used on the flat with accrued interest, and paying any cash sum the court orders. HDB does not lend money to pay the cash sum. Any change of ownership needs HDB's approval.
Selling the flat
If the MOP has been met, the flat can be sold on the open market. The sale money is generally used first to repay the outstanding loan and to refund each spouse's CPF with accrued interest. What is left is shared according to the court's order.
Speaking with a lawyer
HDB's rules and the court's division of assets interact in ways that depend on your flat, your family and your finances. A family lawyer can help you work out which options are realistic before you agree to anything, and it is sensible to check your eligibility with HDB early.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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