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May I know if after a divorce, as an essential occupier with care and control of one child each, can I remove my name as an essential occupier and buy a BTO or Resale with my underage child? Do I still have to fulfill 5 years of MOP? I'm in a bad marriage that ended up in a divorce but haven't fulfill MOP but I've got nowhere to stay as I'm worried I'll get kicked out (because I previously quit my job to take care of my kids full time so not contributing to CPF - then listed only as essential occupier and current flat will be retained by him solely). Feel that life is just so unfair... Yeah but I just want some info about how do I get a place to stay for the time being... Thanks in advance...
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1 Answer

Hi,

It is sorry to hear about your situation.
1) First of all, you have to complete the divorce process by obtaining a final judgment from the court.
2) Both of you have to agree upon how the flat is going to divide between both of you. Although you are only the essential occupier, if you can prove that it is part of your contribution to own the flat, the judge will divide accordingly.
3) Thus the lawyer you engaged is crucial to advise upon what you could get from this divorce.
4) Once you obtained the final judgment and appeal to the HDB for sale even before MOP. The HDB will usually agree to your appeal.
5) Your spouse could takeover as long as your spouse fulfills the eligibility stated by the HDB.
6) You may apply for BTO or buy resale as long as you meet the eligibility stated by the HDB.
BTO: https://www.hdb.gov.sg/cs/infoweb/residential/buying-a-flat/new/eligibility/hdb-flat
Resale: https://www.hdb.gov.sg/cs/infoweb/residential/buying-a-flat/resale/eligibility

7) Although there is a slight difference between eligibility of BTO & Resale. You are still eligible to buy BTO or resale if you have a child under duty and care under the Public scheme.
8) If you are buying alone as a single SC, then you have to be at least 35 years old or above to be eligible for the purchase.

Take care!!!

Hope the above answer to your main concerns, but if there are more query, please feel free to contact me at 90110636  , or email: ling.ck7@gmail.com if more information is needed.
I'll be glad to assist.

Best regards
Ling CK
 90110636 
ling.ck7@gmail.com
https://R056727F.propnex.net/
https://www.facebook.com/Homesellerbuyer

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