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Hi, this is a very tricky situation, so it will be ideal to get lawyer advise on this . But perhaps in order to protect your sister, have it written down in in black and white that even after doing so, when the house proceed to be sold, the proceed still splits half half. The ratio in which the proceed is split will be determined during the final judgement . If you have more enquiries, can reach out to me .

If you are in the process of a property journey be it in renting/selling/buying/investing and you are looking for someone to assist you, I will be avaliable Do reach out to me for assistance.

Landon Chew
97 39 60 40
Landonchew@email.com Read More

Hi,

To my understanding, she can still maintain her ownership share even though her CPF utilized + accrued interest is redeemed by the cash of your brother in law. Only when you go to HDB branch to do a transfer of ownership then there will be changes in the ownership, and this requires HDB approval as well. So it is not so straightforward. If she wants to play safe, it will be good to put in writing in the final judgement court order so to confirm the share of her proceeds due to her in the event of divorce and sale of matrimonial property.

Hope the above clarifies. May I have more info and requirements about your plans so as to make better recommendations? Thanks and look forward to value-add to your housing plans.

Warm Regards,

Ivan Ng Realtor
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Hi,

I would be most glad to assist you further and pls feel free to let me know if you need any assistance. Have a good day ahead. By the way, generally for the court order under divorce case, usually the sale proceeds will be divided into 50% each unless it is a special case.

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More

Hi Sir/Mdm,

Undergoing divorce can be tricky and if one party offered to pay more for the house, then there should be an agreement that is bring drafted out to ensure that during the sale, the distribution of sale proceeds will be a fair one. You may want to advise your sister to seek proper legal advice from a lawyer so as to best protect her own interests.

Please feel free to contact me so that I can assist you further!

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This is a legal question that is beyond our capacity as Realtors to answer if you are looking for precise and accurate answers, unless someone has actually went through exact same scenario with similar encounters leading up to the separation and eventual split.

From my observation, paying back her share CPF with cash does not take away her share of interest in the flat, but will he be using this as an argument when it comes to the judgement hearing, this is likely the most tricky scenario as also pointed out by my fellow professionals here. Read More

Your sister's situation requires careful consideration due to the complexities of marital assets and CPF usage during divorce in Singapore. Here's a breakdown of some key points:

Repaying CPF and Flat Ownership:

Shared Ownership: Assuming they bought the flat with CPF used by both, they likely co-own the flat.
Repaying CPF Doesn't Transfer Ownership: Even if your sister receives cash from her husband to repay her CPF used for the flat, it doesn't necessarily transfer her ownership share to him. Ownership remains as per the initial purchase agreement (likely 50/50 if both used CPF).
Selling the Flat During Separation:

Court Order Required: Selling the flat during separation requires a court order, especially if they cannot reach a mutual agreement.
Division of Proceeds: The court will consider various factors when dividing the sale proceeds, including:
Initial CPF contributions by each spouse
Any outstanding housing loan amount
Any specific agreements between them regarding ownership
Demanding Half the Proceeds:

Potential for Half: If they co-own the flat 50/50, your sister could potentially receive half the proceeds after deducting any outstanding loan and considering CPF contributions.
Court's Decision: Ultimately, the court will determine the division of proceeds based on the presented evidence and applicable laws.
Recommendations:

Do Not Rush Decisions: Repaying CPF with cash and selling the flat during separation are significant financial decisions. Your sister should avoid rushing into anything.
Consult a Lawyer: It's crucial for your sister to consult a qualified lawyer specializing in family law and CPF matters. They can provide specific guidance considering their unique situation and help navigate the legalities involved in separation and asset division.
--
IF you Need Further Help For Property such as Renting / Selling / Buying or Investing ,...

I am Sorry that This platform does not allow me to direct contact you.

To further assist you, please feel free to contact me via WhatsApp at 9856 9255  or through this link: https://wa.me/6598569255.

My services come with no obligations, and I'm here to help with any questions or assistance you need.

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.

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Your sister's situation requires careful consideration due to the complexities of marital assets and CPF usage during divorce in Singapore. Here's a breakdown of some key points:

Repaying CPF and Flat Ownership:

Shared Ownership: Assuming they bought the flat with CPF used by both, they likely co-own the flat.
Repaying CPF Doesn't Transfer Ownership: Even if your sister receives cash from her husband to repay her CPF used for the flat, it doesn't necessarily transfer her ownership share to him. Ownership remains as per the initial purchase agreement (likely 50/50 if both used CPF).
Selling the Flat During Separation:

Court Order Required: Selling the flat during separation requires a court order, especially if they cannot reach a mutual agreement.
Division of Proceeds: The court will consider various factors when dividing the sale proceeds, including:
Initial CPF contributions by each spouse
Any outstanding housing loan amount
Any specific agreements between them regarding ownership
Demanding Half the Proceeds:

Potential for Half: If they co-own the flat 50/50, your sister could potentially receive half the proceeds after deducting any outstanding loan and considering CPF contributions.
Court's Decision: Ultimately, the court will determine the division of proceeds based on the presented evidence and applicable laws.
Recommendations:

Do Not Rush Decisions: Repaying CPF with cash and selling the flat during separation are significant financial decisions. Your sister should avoid rushing into anything.
Consult a Lawyer: It's crucial for your sister to consult a qualified lawyer specializing in family law and CPF matters. They can provide specific guidance considering their unique situation and help navigate the legalities involved in separation and asset division.
--
IF you Need Further Help For Property such as Renting / Selling / Buying or Investing ,...

I am Sorry that This platform does not allow me to direct contact you.

To further assist you, please feel free to contact me via WhatsApp at 9856 9255  or through this link: https://wa.me/6598569255.

My services come with no obligations, and I'm here to help with any questions or assistance you need.

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

WhatsApp me at: ABLE Toh (65) 9856-9255  or through this link.:https://wa.me/6598569255
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