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What's better in terms of costs and application process during a divorce- Resale of part-share or transfer of ownership?
My spouse and I have agreed on an amount for the share. In terms of HDB and divorce paperwork, is it cheaper to do transfer of ownership and I pay the balance amount separately? I see that the sale of part-share requires me (buyer) to pay stamp duty. Does transfer of ownership also have any big costs (levy, buyer/seller stamp duty, other fee)

We have met the MOP, are above 35, no children and no not intend to take a loan.
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5 Answers

Good day to you,

During the divorce process, both parties have the opportunity to include in the Court Order a provision that allows the outgoing party to transfer their share of the unit to the remaining party. This arrangement is beneficial, as it streamlines ownership and simplifies financial responsibilities. The outgoing party should be aware that they will incur losses related to their CPF contributions and accrued interest.

To facilitate this transition, the remaining party needs to communicate with the financial institution about changing the ownership. They may also consider using the agreed amount to help reduce the outstanding loan balance. It's also important to address any additional concerns if the unit in question is a subsidized unit.

In the case of a part-purchase, the remaining co-owner will need to secure an approved HFE and obtain a housing loan. This will enable them to finance the outgoing co-owner's share of the mortgage loan, as well as cover the CPF contributions and accrued interest that the outgoing co-owner has contributed. By taking these steps, both parties can work towards a fair and efficient resolution.

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1. **Ownership Transfer**: In a divorce, the Court Order may allow one party to transfer their share of the property to the other, simplifying the process of ownership. However, the departing party should note they may lose CPF contributions and interest in the process.

2. **Mortgage & Financial Adjustments**: The remaining party needs to work with the financial institution to update ownership records. They can also use part of the agreed amount to reduce the mortgage balance, ensuring financial clarity.

3. **Subsidized Units & Additional Concerns**: If the property is subsidized, special considerations are needed to address the terms of the subsidy and any repayment obligations.

4. **HFE Approval & Loan Financing**: For part-purchase, the remaining co-owner must obtain Housing Financing Eligibility (HFE) and secure a housing loan to pay for the outgoing party's share, including CPF contributions and interest.

5. **Fair Distribution**: Both parties should reach a fair settlement, ensuring that the transition does not create undue financial strain on either side.

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Hi

Both are similar in costs, because the stamp duty is based on the market value of the ownership share transferred or sold, regardless of the transfer price. The remaining owner needs to refund the CPF utilized + accrued interest of the outgoing owner as well, and the outstanding loan of the share of the outgoing owner needs to be redeemed.

As this is a divorce case, you may be better advised by the divorce lawyer as well as making a one to one discussion with the hdb branch officer with the relevant details, before the final court order judgement is done up.

Hope the above clarifies. I am well-versed with HDB and private property transactions, having helped more than 100 homeowners transit smoothly with their housing plans. Please reach out to me at 97432395  for a more in-depth discussion :)

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During a divorce, the Court Order can allow one party to transfer their share of the property to the other, streamlining ownership and financial responsibilities. The outgoing party should note that they will forgo their CPF contributions and accrued interest.

The remaining owner must work with financial institutions to update ownership records and may use part of the agreed amount to reduce the mortgage balance. If the property is subsidized, special considerations apply regarding subsidy terms and repayment obligations.

For part-purchase, the remaining owner must secure Housing Financing Eligibility (HFE) approval and a housing loan to finance the outgoing party’s share, covering CPF refunds and outstanding mortgage amounts. Stamp duty is based on the market value of the transferred share, making both transfer and sale options similar in cost.

Given the complexities, it is advisable to consult both a divorce lawyer prior. Read More
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Hi,

1) The divorce and resale of part-share are a separate entity.
2) You have to check with a lawyer (family law) regarding the cost.
3) For resale of part-share, it is a process similar to selling the whole unit.
4) The staying party has to apply for an HFE indicating the intention of doing a part-share purchase.
5) Once the HFE is approved, you will know the amount of loan available if you need it.
6) You have the option of not taking the loan and pay everything in cash and/or CPF if permitted.
7) Therefore, both parties will have incurred legal fees for processing the transaction (buying & selling) and miscellanous, such as resale application, etc.
8) The staying party will need to pay buyer stamp duty for the value of the share purchasing and valuation cost.
9) There is no stamp duty for the outgoing party.
10) Transfer of ownership is a layman term. The actual process of ownership transferring is either via gift or part-share selling/buying.
11) If the transfer is via gift. The flat must be free from outstanding loan, not using CPF in the buying process (including the payment of mortgage). But, it is still subject to Buyer stamp duty, except that this is term as gift stamp duty, which is the same rate as the Buyer stamp duty.
12) The legal fees for gift and part-share transaction is about the same, or slightly higher.

All the best!

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