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Questions on divorce and EC property

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aHLe
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Questions on divorce and EC property

Postby aHLe » Sat, 27 Apr 2013 7:54 pm

Hi all, I need some expert advice on this as I am currently facing this problem at this moment right now. Finding lawyers and agents are out of my league now as I am totally broke.

I have brought an EC with my wife back then in 2011 which is scheduled to be completed in 2015. However, due to some personal reasons, we are unable and near impossible to work out anymore.

We have sat down numerous times and discussed about this but we have already came to a conclusion that divorce is the best way out for us.

Questions:
1) How do I settle the EC we have brought previously? Can we sell off our share even if its not completed?

2) I know there is a standard MOP we need to maintain for 5 years before we can sell off (assuming after completion), does it means we have to maintain as legally married during this period of time?

3) Can I buy over my wife's EC share or vice versa? If possible, how do I go about doing it (or her buying mine)?

4) Under HDB ruling, are we allowed to sell off the EC during the 1st year and say compensate some cash back?

I seriously need answers to all these and the best approach to have this settle amicably.. Experts out there, can someone please advice me as much as you can?

Thank you very much..

* If I post in the wrong section, moderators pls help to shift it. Thanks.

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Postby JR8 » Sat, 27 Apr 2013 8:26 pm

Have you gone and discussed this with the HDB, or looked into it on their website? As I imagine that your issue, though perhaps not common, is far far away from unique.

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Postby aHLe » Sat, 27 Apr 2013 8:28 pm

I have tried to look into the website but I cannot find any relevant topics. I want to have some concrete methods before I go look for anyone else to discuss as all these requires appointment and/or money..

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Postby JR8 » Sat, 27 Apr 2013 8:43 pm

aHLe wrote:I have tried to look into the website but I cannot find any relevant topics. I want to have some concrete methods before I go look for anyone else to discuss as all these requires appointment and/or money..


As this forum is mostly frequented by expats, there is likely to be little collective wisdom of the procedures in buying off-plan HDB property. What little there might be, risks being out-dated.

Have you considered going to a place like the HDB-hub in Toa Payoh, taking a queue ticket, observing roughly how quickly the ticket numbers are called, and if you have a wait, go and shop, or have some food, or read a book. On such a highly significant question, I'd have thought it would merit just a little time, free of charge, and going straight to the authoritative source.

Or are you seeking to see how you can 'tailor' your situation within the rules, for personal advantage?

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Postby aHLe » Sat, 27 Apr 2013 9:19 pm

JR8 wrote:
aHLe wrote:I have tried to look into the website but I cannot find any relevant topics. I want to have some concrete methods before I go look for anyone else to discuss as all these requires appointment and/or money..


As this forum is mostly frequented by expats, there is likely to be little collective wisdom of the procedures in buying off-plan HDB property. What little there might be, risks being out-dated.

Have you considered going to a place like the HDB-hub in Toa Payoh, taking a queue ticket, observing roughly how quickly the ticket numbers are called, and if you have a wait, go and shop, or have some food, or read a book. On such a highly significant question, I'd have thought it would merit just a little time, free of charge, and going straight to the authoritative source.

Or are you seeking to see how you can 'tailor' your situation within the rules, for personal advantage?


Thanks for your suggestion, I will venture into going into HDB-hub and see what info I can obtain from them.

I'm trying to see if myself and my wife can settle this amicable. Afterall, we have years of relationship, even if we don't work out, I don't want to end up in court and still quarrel occasionally on money or house issue. I'm pretty sure both of us wouldn't want the EC now, but due to all those ruling, we have to find the best way to approach to minimize pocket losses especially at this timing where money is an important factor.

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Re: Questions on divorce and EC property

Postby therat » Sat, 27 Apr 2013 9:23 pm

aHLe wrote:Hi all, I need some expert advice on this as I am currently facing this problem at this moment right now. Finding lawyers and agents are out of my league now as I am totally broke.

I have brought an EC with my wife back then in 2011 which is scheduled to be completed in 2015. However, due to some personal reasons, we are unable and near impossible to work out anymore.

We have sat down numerous times and discussed about this but we have already came to a conclusion that divorce is the best way out for us.

Questions:
1) How do I settle the EC we have brought previously? Can we sell off our share even if its not completed?

No.
First hand EC is like HDB.
You might have to give up the EC and forfeited your deposit.
As EC is build by private developer. You need to discuss with them.
By the way, don't forget you need to cancel your bank loan which will have cancel penalty. And you need lawyer to do all these.


2) I know there is a standard MOP we need to maintain for 5 years before we can sell off (assuming after completion), does it means we have to maintain as legally married during this period of time?

Best to ask HDB and private developer

3) Can I buy over my wife's EC share or vice versa? If possible, how do I go about doing it (or her buying mine)?

No. Don't think that is possible.

4) Under HDB ruling, are we allowed to sell off the EC during the 1st year and say compensate some cash back?

Best to ask the developer for more information.
For HDB, I know but EC, I'm not too sure.

I seriously need answers to all these and the best approach to have this settle amicably.. Experts out there, can someone please advice me as much as you can?

You really need to give the developer and HDB a call.

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Postby sundaymorningstaple » Sat, 27 Apr 2013 10:26 pm

And, further to therat's suggestions, engage a good lawyer before she does. Forewarned is forearmed. (twice divorced!). :o

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Postby JR8 » Sat, 27 Apr 2013 10:30 pm

As I said, this must be a common enough issue that there are Standard Operating Procedures in place for people who cannot complete a purchase. You could ask the developer for a copy of theirs.

Or choose another development/developer who is showing a new EC block at the present. Then e-mail and say something like you're considering a joint purchase together with your spouse, but 'The TOP is not expected for X years plus there is a post-TOP 5-year tie-in, and I was just wondering what would happen if before that time my spouse and I were to get divorced [etc]'.

Another possibility is having a written agreement with your spouse, to retain the property for say 5 years after TOP, during which time it is let out using an agent, and then agreement on the split of any eventual sale. That would be an ongoing communication/commitment though and would not work if the divorce is at all acrimonious.



p.s. and re: SMS's post above. There is an adage for dealing with a likely contested/acrimonious divorce - 'Hit first, and hit hard'. I'd suggest you keep that in mind.

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Postby therat » Sat, 27 Apr 2013 10:50 pm

The only Standard Operating Procedures when people not able to complete a purchase, I know is - Return the unit
HDB work that way
BTO same
DBSS also same.

In the event , the couple was not longer can form a Family Nucleus. The unit has to be return back and deposit will be forfeited.

Since EC follow HDB, I had a strong feeling , it will be work that way too.

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Postby aHLe » Sat, 27 Apr 2013 10:52 pm

Thank you all for your valuable opinions and suggestions. Maybe I will look for a new developer developing a new EC in the vicinity and see if I can wrench out any information with regards to this query.

But I would say engaging a lawyer is out of my option now as my pocket is pretty tight recently. We have 3 kids but it seems like I might lose the custody since Singapore protects woman more. Whatsmore, my spouse has a stable income whereas I'm an insurance agent with no basic income.

What are my chances seriously? It kinda sucks knowing that woman are protected despite how bad she treats the household (house is like a hotel to her, comes back at will, sometimes in the morning, sometimes MIA for days).

I just want to move on with my life, she to move on with her life (with all her unknown flings idk and idc). But the EC is causing all the problems now, it seems like I have to endure her this kind of shitty treatment for the next 7 years? Oh god..

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Postby therat » Sat, 27 Apr 2013 11:20 pm

Singapore Women’s Charter also protect men.
I read in newspaper before, men did manage to get maintenance from the wife.

http://www.scwo.org.sg/index.php?option ... 1&Itemid=5

The Women’s Charter applies to men and women in Singapore.


As what SMS has suggested, get a good lawyer.

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Postby JR8 » Sun, 28 Apr 2013 12:17 am

aHLe wrote:But I would say engaging a lawyer is out of my option now as my pocket is pretty tight recently. We have 3 kids but it seems like I might lose the custody since Singapore protects woman more. Whatsmore, my spouse has a stable income whereas I'm an insurance agent with no basic income.

What are my chances seriously? It kinda sucks knowing that woman are protected despite how bad she treats the household (house is like a hotel to her, comes back at will, sometimes in the morning, sometimes MIA for days).


Before you plan to go into battle, it pays to 'Know thine enemy'

http://www.mentalhelp.net/poc/view_doc. ... d=479&cn=8
'DSM-IV-TR: The Ten Personality Disorders'

Can I suggest that you look through the above-linked and see if any of it is notably familiar to you? Your situation sounds rather like one I found myself in a long time ago, but it is best for you to read that linked content, and consider, before I say anything further in this regard.

aHLe wrote:I just want to move on with my life, she to move on with her life (with all her unknown flings idk and idc). But the EC is causing all the problems now, it seems like I have to endure her this kind of shitty treatment for the next 7 years? Oh god..


Please read the above-linked and revert.

Hang in there, you have a battle ahead, but it will only get way better thereafter: The day is darkest before the dawn!

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Yuanman Jia
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Re: Questions on divorce and EC property

Postby Yuanman Jia » Tue, 13 May 2014 9:19 pm

aHLe wrote:Hi all, I need some expert advice on this as I am currently facing this problem at this moment right now. Finding lawyers and agents are out of my league now as I am totally broke.

I have brought an EC with my wife back then in 2011 which is scheduled to be completed in 2015. However, due to some personal reasons, we are unable and near impossible to work out anymore.

We have sat down numerous times and discussed about this but we have already came to a conclusion that divorce is the best way out for us.

Questions:
1) How do I settle the EC we have brought previously? Can we sell off our share even if its not completed?

2) I know there is a standard MOP we need to maintain for 5 years before we can sell off (assuming after completion), does it means we have to maintain as legally married during this period of time?

3) Can I buy over my wife's EC share or vice versa? If possible, how do I go about doing it (or her buying mine)?

4) Under HDB ruling, are we allowed to sell off the EC during the 1st year and say compensate some cash back?

I seriously need answers to all these and the best approach to have this settle amicably.. Experts out there, can someone please advice me as much as you can?

Thank you very much..

* If I post in the wrong section, moderators pls help to shift it. Thanks.

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Postby PNGMK » Wed, 14 May 2014 1:36 am

IF you can postpone divorce long enough the completed EC will become part of the assets split by the court. I believe, but am not 100% sure, that the court can override some of the HDB rules (by for example forcing you to give up you share of the equity and 'handover' the property to your wife who will presumably be eligible to own it as a divorced woman (another inequality there).


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