In Singapore, when a Court Order mandates the sale of an HDB flat within 6 months, it's crucial to adhere to the timeline to avoid complications.
**Q1: Do we need to extend the selling period from HDB if due?**
No, you don't need to request an extension from HDB. The 6-month timeline set by the Court Order supersedes any HDB regulations. However, if you anticipate difficulties selling the flat within the timeframe, it's advisable to inform the court as soon as possible and seek their guidance.
**Q2: If my ex-spouse refuses to sell the house, can HDB take action?**
If your ex-spouse refuses to comply with the Court Order, you can take the following actions:
1. **File a Writ of Execution:** This legal document empowers the court to enforce the sale of the flat. A court bailiff may be appointed to carry out the sale on behalf of the owners.
2. **Contempt of Court:** You can file a contempt of court application against your ex-spouse for failing to obey the court order. This could result in fines or even imprisonment for your ex-spouse.
**Important Considerations:**
* **Legal Counsel:** It's strongly recommended to consult with a lawyer specializing in family law and property matters. They can guide you through the legal process, advise you on the best course of action, and represent your interests in court.
* **Open Communication:** Try to maintain open communication with your ex-spouse to see if a mutually agreeable solution can be reached. If communication is difficult, involving your lawyers can help facilitate discussions.
* **HDB's Role:** While HDB doesn't directly enforce Court Orders, they may offer assistance or guidance regarding the sale process and any HDB-specific regulations.
By taking proactive measures and seeking legal advice, you can ensure that the sale of the flat is carried out in accordance with the Court Order and protect your rights in the process.
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