What happened to the bto after Divorce ?

[coachy0203]

Hi all, one of my best friends is currently seperating with her hubby and they notice that their bto is going to be ready for key collection end of this year.

She wanna know if they divorce and forfeit the bto will she get back her deposit partially?

If they collect the key as marriage couple then divorce, will the hdb grant the flat to the person who has custody to the child?

Has anyone been through similar experience pls share your view pls. Thanks.

 

[margret]

If divorce now, she cant get bk deposit.
Yes after collection, divorce, then whichever party get care n control can hv the hse if other party agree

 

[DonLee]

No. She won't get back partially if she divorced now.
If she carry on with getting the flat, they have to hold it for 5 years (meaning they can only divorce after 5 yrs), before they can sell to open market.

 

[joyousbb]

Does that means if gg to divorce after getting and staying in the bto flat, means have to wait until 5 yrs?

 

[wendy_reborn]

No need I have friend who wrote in to Hdb to appeal to transfer name

 

[DonLee]

Does that means if gg to divorce after getting and staying in the bto flat, means have to wait until 5 yrs?

Yes. If she decided to get the flat, they will have to stay for 5 years, before it can be sell in open market.
Likewise, she can still file for divorce now, and 2 option (I think available)
1) Forfeited the deposit
2) Like wendy_reborn mentioned, one of the party (example her) write in to HDB to appeal to have the flat for her own.

 

[coachy0203]

Thanks for all the reply.

She is a new citizen converted 2 years ago. She has no relatives here. In fact her son is living with her ex as per their agreement that she would be staying in the new flat while the son she can't contest over her son. She's allowed to meet her son only on sat afternoon (yes half a day a week).

But as what I've been observed, i think her ex is having an agenda of getting custody of the son plus taking the bto over once its ready. As i read somewhere, if one party is successfully won over the custody of the child, the judge normally will grand the flat to that party who has the child because it's still a family nucleus. Can anyone confirm if this is true in your case?

Btw he has women over the years but she kept quiet until recently she couldnt take it anymore hence decided to divorce. How can she find more evidence of him having affaur during the marriage? Is it too late to hire a PI now? Is it difficult for her to fight for custody?

Thanks again.

 

[Eppy]

Thanks for all the reply.

She is a new citizen converted 2 years ago. She has no relatives here. In fact her son is living with her ex as per their agreement that she would be staying in the new flat while the son she can't contest over her son. She's allowed to meet her son only on sat afternoon (yes half a day a week).

But as what I've been observed, i think her ex is having an agenda of getting custody of the son plus taking the bto over once its ready. As i read somewhere, if one party is successfully won over the custody of the child, the judge normally will grand the flat to that party who has the child because it's still a family nucleus. Can anyone confirm if this is true in your case?

Btw he has women over the years but she kept quiet until recently she couldnt take it anymore hence decided to divorce. How can she find more evidence of him having affaur during the marriage? Is it too late to hire a PI now? Is it difficult for her to fight for custody?

Thanks again.

Agreement meaning what kind -verbally or thru lawyers?

My guess is she did not seek that’s why your description is so vague.
Hers very tricky best to seek lawyer
Custody is not care n control. In Singapore, Custody is normally joint custody unless for specific reasons the other party is not suitable or they gave up their rights.

I think she got snooped - Bto will be granted to the one with sole care n control. She has unknowingly given up her care n control by only seeing the child on weekends - which is access.

If such private arrangement has already been enforced , normally the judge will not disturb it. So I don’t understand why the agreement is that she can stay in the new flat but she cannot contest for custody? Unless she can appeal to HDB to take over as a single otherwise basically she gets nothing in my opinion.

As i say her situation is tricky seek lawyer first then check whether need a PI.

 

[coachy0203]

Verbally agreement btw the ex and her.

Will pm you. Thanks

Agreement meaning what kind -verbally or thru lawyers?

My guess is she did not seek that’s why your description is so vague.
Hers very tricky best to seek lawyer
Custody is not care n control. In Singapore, Custody is normally joint custody unless for specific reasons the other party is not suitable or they gave up their rights.

I think she got snooped - Bto will be granted to the one with sole care n control. She has unknowingly given up her care n control by only seeing the child on weekends - which is access.

If such private arrangement has already been enforced , normally the judge will not disturb it. So I don’t understand why the agreement is that she can stay in the new flat but she cannot contest for custody? Unless she can appeal to HDB to take over as a single otherwise basically she gets nothing in my opinion.

As i say her situation is tricky seek lawyer first then check whether need a PI.

 

[wendy_reborn]

Verbally agreement is not very risky. Will change anytime.

 

[xuan2112]

Better seek advice from the HDB. Transfer of name is possible but the house must be fully settlement.

 

[wendy_reborn]

Better seek advice from the HDB. Transfer of name is possible but the house must be fully settlement.

No need fully paid