Who keeps the HDB flat?

The short answer

It depends on two things: how the court divides your matrimonial assets, and whether the person keeping the flat meets HDB’s eligibility rules. A court order alone isn’t enough if HDB’s conditions aren’t met.

What counts as a matrimonial asset

• Assets acquired during the marriage by either or both of you, whoever’s name they’re in.
• Assets acquired before the marriage that were ordinarily used by the family (for example, as the family home or car), or that were substantially improved during the marriage by the other spouse or both of you.
• Gifts and inheritances received by one spouse are generally not included, unless the asset is the matrimonial home or was substantially improved during the marriage by the other spouse or both of you.

How assets are divided

The court divides matrimonial assets in proportions it considers just and equitable, looking at all the circumstances, including:

• each person’s financial contributions to acquiring, improving or maintaining the assets
• contributions to the family’s welfare, including looking after the home or caring for the family
• debts taken on for the family’s or a child’s benefit
• the needs of the children
• any agreement you made about dividing assets in contemplation of divorce

Keeping the HDB flat

• With children: if you have custody and sole care and control of your children, you may keep the flat if you meet HDB’s eligibility criteria.
• Without children: you may keep the flat alone if you are a Singapore citizen, at least 35 years old on the date of Final Judgment, and meet the criteria of the Single Singapore Citizen Scheme.
• For Plus or Prime flats, you must meet the eligibility criteria for singles.
• Timing: you can apply to change the flat’s ownership after Interim Judgment, once matters such as the division of the property and care and control of the children are settled. Final Judgment must be produced by the completion date.

Selling the flat

To sell on the open market, you must have met the Minimum Occupation Period (MOP) by the date of Final Judgment. If the MOP hasn’t been met and neither of you can keep the flat, you can write to HDB to return the flat once the divorce is final, and HDB will decide the compensation amount.

MSF’s Family Assist portal has a Housing Options Explorer to help you understand your options and the finances involved.

What about CPF?

• CPF savings may be treated as matrimonial assets. The court decides whether one spouse should receive part of the other’s CPF savings.
• A transfer order moves savings directly between CPF accounts, generally to the corresponding account. The receiving spouse must be a Singapore citizen or permanent resident.
• For a property bought with CPF, the court may order, for example, a sale, a transfer to one spouse with a full, partial or no refund to the outgoing owner’s CPF accounts, or retention by one spouse.
• Court orders dividing CPF savings are generally submitted to the CPF Board, which carries them out.