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Hi, I am currently legally separated with my wife and can only file for a divorce late this year. However my MOP will only be fulfilled in 2 years time. Can I still sell the flat in the open market?
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Selling your HDB flat while going through a legal separation can be complex. Here's a breakdown of the situation and your options:

Minimum Occupation Period (MOP):

You mentioned your MOP isn't fulfilled yet, which typically takes 5 years from collecting keys for your HDB flat.
Selling During Separation:

HDB resale restrictions apply when couples are going through a divorce or separation.
Possible Scenarios:

Mutual Agreement: If you and your wife reach a mutual agreement on selling the flat, you can approach HDB for approval to sell in the open market even before the MOP is fulfilled. This would require a signed agreement outlining how the sale proceeds will be divided.

Court Order: If you cannot agree on selling the flat, you might need to wait until the divorce is finalized and potentially seek a court order determining the flat's fate (sale or allocation to one spouse).

Surrender Flat (Special Case): In some rare cases, with strong justification and evidence of hardship, HDB might consider allowing the flat to be surrendered before the MOP is fulfilled. However, this is uncommon and depends on individual circumstances.

Here's what you can do:

Contact HDB: Reach out to HDB's Resale Branch for the most up-to-date information and guidance specific to your situation. Explain your situation (legal separation, MOP not fulfilled) and inquire about the possibilities of selling the flat.

Consult a Lawyer: A lawyer specializing in family law and HDB matters can provide tailored advice based on your specific circumstances. They can help you understand your options, navigate the legalities of selling during separation, and represent you if necessary.

Additional Considerations:

Financial Implications: Selling before the MOP might incur penalties depending on the reason for sale and HDB's approval process.

Market Conditions: Consider the current property market conditions when making a decision to sell.

Getting professional advice from HDB and potentially a lawyer is crucial in your situation. They can help you explore the best course of action considering the legal separation, MOP status, and your specific circumstances.
------------------

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Let's seal this affinity by technology; please PM me your contact for assistance with your real estate needs. So, I believe in Affinity (Chinese word: 缘份) :), let's SEAL this AFFINITY Not by blood but by Technology > Please PM, Private Message your contact so that I CAN BE (EXTRA) PAIR OF HANDS / BRAIN and LEGS to Assist you NOW or FUTURE REAL ESTATE NEEDS!

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From: ABLE Toh- Your Property ASSISTANT :)

“ i am ABLE to Help As Much As You are ABLE To PM (Private Message) me ”

XXXXX The End XXXXXXX Read More
1
Selling your HDB flat while going through a legal separation can be complex. Here's a breakdown of the situation and your options:

Minimum Occupation Period (MOP):

You mentioned your MOP isn't fulfilled yet, which typically takes 5 years from collecting keys for your HDB flat.
Selling During Separation:

HDB resale restrictions apply when couples are going through a divorce or separation.
Possible Scenarios:

Mutual Agreement: If you and your wife reach a mutual agreement on selling the flat, you can approach HDB for approval to sell in the open market even before the MOP is fulfilled. This would require a signed agreement outlining how the sale proceeds will be divided.

Court Order: If you cannot agree on selling the flat, you might need to wait until the divorce is finalized and potentially seek a court order determining the flat's fate (sale or allocation to one spouse).

Surrender Flat (Special Case): In some rare cases, with strong justification and evidence of hardship, HDB might consider allowing the flat to be surrendered before the MOP is fulfilled. However, this is uncommon and depends on individual circumstances.

Here's what you can do:

Contact HDB: Reach out to HDB's Resale Branch for the most up-to-date information and guidance specific to your situation. Explain your situation (legal separation, MOP not fulfilled) and inquire about the possibilities of selling the flat.

Consult a Lawyer: A lawyer specializing in family law and HDB matters can provide tailored advice based on your specific circumstances. They can help you understand your options, navigate the legalities of selling during separation, and represent you if necessary.

Additional Considerations:

Financial Implications: Selling before the MOP might incur penalties depending on the reason for sale and HDB's approval process.

Market Conditions: Consider the current property market conditions when making a decision to sell.

Getting professional advice from HDB and potentially a lawyer is crucial in your situation. They can help you explore the best course of action considering the legal separation, MOP status, and your specific circumstances.
------------------

"If you need more assistance with property matters:

like renting / selling, buying / or investing, I'm here to help!

WhatsApp me at >>9856 9255 or through this link.:https://wa.me/6598569255.

(Unfortunately, this platform doesn't allow direct contact, but you can easily reach me )

You can check out my reviews here: https://www.propertyguru.com.sg/agent/able-s-k-toh-61591.

For buyers, I offer solutions for sourcing resale and new private homes at no charge.

I can connect you with reputable bankers for private housing loans free of charge and with no obligation.

I also have partners to assist with mortgage home insurance matters.

Let's seal this affinity by technology; please PM me your contact for assistance with your real estate needs. So, I believe in Affinity (Chinese word: 缘份) :), let's SEAL this AFFINITY Not by blood but by Technology > Please PM, Private Message your contact so that I CAN BE (EXTRA) PAIR OF HANDS / BRAIN and LEGS to Assist you NOW or FUTURE REAL ESTATE NEEDS!

*** You can reach me at my Singapore mobile: (+65)>>9856 9255>> or email me at Able.selling@gmail.com.

From: ABLE Toh- Your Property ASSISTANT :)

“ i am ABLE to Help As Much As You are ABLE To PM (Private Message) me ”

XXXXX The End XXXXXXX Read More
1
Hi, hopefully you managed to sell your unit at a good price then. If, so then congrats! Hopefully you are doing well now.

If you are currently or planning to find a property agent, I can assist.

If you are interested in prices of houses in your neighbourhood, you may visit this website to find out more or contact me .

https://www.era.com.sg/R064892F

If you are currently planning to go on a property journey selling/buying/renting/investing, I can be of assistance. Do feel free to reach out to me for more queries and assistance.

Landon Chew
97 39 60 40
landonchew@email.com Read More
1
WhatsApp me at: ABLE Toh (65) 9856-9255  or through this link.:https://wa.me/6598569255
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like renting / selling, buying / or investing, I'm here to help!
WhatsApp me at: ABLE Toh (65) 9856*9255 or through this link.:https://wa.me/6598569255
(Unfortunately, this platform doesn't allow direct contact, but you can easily reach me )

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“ i am ABLE to Help As Much As You are ABLE To PM (Private Message) me ”
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