Dirvorce proceedings.
 

Morning everyone!
I am a 42 years old housewife and wants to end a marriage in peace.
Me and my husband bought an EC as matrimonial home and it has now turned into a private condominium .
However due to certain personal issues, I have since moved out of our matrimonial home and my daughter lives with him and my mother in law.
I quit my career for my firstborn and take cares of her since.
Now that she is 18 years old and I have been living in a rented apartment with my elderly parents for almost 4 years.
Yet we are not divorced at all.
I want to seek advise from some of you who have been through the same situation as me. The more similar the more helpful it is for me.
I have zero savings because my freelance work barely covers my expenses and both my elderly parents who are not working too.
I want to get a hdb flat so that i dont have to pay for unnecessary rent for the rest of my life.
What happens to the cpf Ive contributed for the matrimonial home?
And if we end the marriage in papers, what are the next thing to expect and forsee for me?
Can i get an hdb flat since im already 42 years old?
But i am penniless. So how does it work?
Thanks in advance. Much appreciated.
Please help.. Im lost.

Re: Dirvorce proceedings.
 

if your hdb is sold, your contribution for the hob will be returned to your cpf (plus interest).

Re: Dirvorce proceedings.
 

your portion of the matrimonial home will be credited back into your CPF account with interest (for the amount paid using your CPF). Amounts above this will be paid in cash to you.
But, after deducting all the outstanding property loan first.
Example:

Sales proceeds = 1.5m
Outstanding balance of property loan = 300k
Say 50/50 share of proceeds, your proceeds = (1.5m - 300k) / 2 = 600k
Amount used to pay for property from CPF account, with interest = 350k
Cash proceeds available to you = 600k - 350k = 250k

For purchase of another property, you can use your CPF balances also.
42 yrs old can purchase HDB flat. But probably a resale.
If you want BTO you will have to find someone to form a family cluster with to apply (children, parents). Then join ballot. Then wait for it to be completed.
Take note that BTO projects now have an expected completion time of 5 - 7 years after applied for the BTO.
So your best bet is still resale. If too expensive, then just adjust your expectations downwards and you can surely afford it without any loans.
There are housing grants available too, even for singles. But not a lot.
If you are not working, dont expect to get any housing loans approved for you.
And be prepared to have a few thousand dollars to pay for fees, Option to purchase, etc.
My advice for you, is to get a fulltime job meanwhile. Even if you dont plan to do that job for many years.

Re: Dirvorce proceedings.
 

Thank you all for the kind advises .
It is a hdb turned private property.
I will not want the matrimonial home to be sold. Because i want my daughter to live in the house she grows up in.
Therfore if he continues to stau with my daughter in that house and we are divorced
What is the next step when we sign the papers?
Lets say im not asking for any maintenance or alimony.
All i want is a peaceful divorce ending. I dont wish to create any scene as i dont wish ajy of our fault to affect my daughter's life in any way.
I just want to get a flat of my own.
So do i need to fork out the cpf in cash after i sign the papers?
Please note that i am penniless and no more cpf as all wiped out for first home.
I am doing freelance work now and everything is used to pay for rent and family expenses.
Am i able to immediately get a hdb flat after signing papers? Without forking any money with hdb loan?
Thank you everyone.

Re: Dirvorce proceedings.
 

You moved out 4 years ago? And divorce was never discussed?

Has he been providing for you in any way? Your access to your daughter?

You really, really need a lawyer. Don't wait any longer.

Start preparing details of all your contributions, monetary and homekeeping. Be very detailed.

What you did every day, what your career was, last drawn salary, how much money he gave you every month and so on.

Only an experienced lawyer can advise you.

Re: Dirvorce proceedings.
 

A big thank you to everybody. Although this is an odd place to seek help.
But I really don't have any friends . I gave my all to the family since the day I got married. So to see such responses here makes my eyes well up.
Now all i want is to move on with my life without disrupting anyone's.
I want to end the marriage with peace. I have no intention to hurt anyone from this.
So there is no need to go through any "evidence" .
I dont want to put my daughter through any kind of hurt. She adores and loves her dad alot. And that it shall be.
All I want now is to be able to get a hdb flat using my name.
If im having a freelance job, does that means i will have to contribute cpf to myself in order to get loan from hdb?
I really cannot afford a lawyer. .
And so going this solo.
We can also sign the dirvorce papers in peace right?
Can we do that immediately? How do I go about it?
Also on his part, if we divorced and my name is withdrawn.. does he need to pay for anything at all? I dont want to cause him any financial stress.
Really. All i want to is move on with my life.
Please help. Anyone in similar circumstances?
Big thanks.

Re: Dirvorce proceedings.
 

Sis you are one of the most rare females in Sg (or maybe even in the whole world), your hubby is the luckiest man alive. Hope everything goes well for you.

Re: Dirvorce proceedings.
 

'Evidence' is not to hurt anyone, it is so that the judge can rule appropriately what you should get from any assets to be divided. Without 'evidence' how is anyone supposed to know how the assets should be split?

You can actually accept less if you want to.

And maybe you should talk to your ex now and maybe you can settle all terms first before going to a lawyer, then can engage the same lawyer to handle all paperwork very cheaply and quickly.

Re: Dirvorce proceedings.
 

If you're looking for divorce
If your matrimonial home is a private property
And you're not looking to sell the matrimonial home after divorce (do you mean your ex spouse will buy your share of the home? or just you keep your share but both agree not to sell the home?)
Yes its possible.

But if you dont sell the matrimonial home, i dont know how are you going to purchase a flat for yourself without $$$$$$$.
Freelance job. Extremely hard to get property loans. Loan applications are based on your fixed salary for full time employment usually. Freelancing dont earn fixed salary.
Which is why i recommended you to get a full time job, at least for now, especially so when your freelancing income cant even cover your expenses.
Get a full time job, work for half a year. take the payslips and apply for a property loan. Whether you decide to keep that job after that, is your own problem as long as you can service the mortgage every month.

Have to be realistic here. Penniless + no more CPF balances = how are you going to buy a flat? Even if you can get a loan, you'll still need money / CPF to pay the min downpayment of 20% purchase price.
be prepared to have a change of lifestyle. Not realistic to get everything you want even without money to pay for it.

Re: Dirvorce proceedings.
 

If your name is in the HDB turned Condo property, you will not be eligible to buy a HDB.

But okay to buy another condo with higher stamp duty..

Re: Dirvorce proceedings.
 

Google ‘pro bono legal services sg’ you can visit the Family court free legal clinic or give them a call.

Alternatively there is also Aware website : aware.org.sg/womens-care-centre/legal-services/

Re: Dirvorce proceedings.
 

Since you mentioned you do not wish for your matrimonial home to be sold, you have the following options:

1) You can discuss with your husband to see if he is willing to buy over your share of that Condo. He can pay you what you withdrew from your CPF OA + accrued interest or if your husband is generous, he can pay you your share of the property at market value.

Then you may deposit the money back to your CPF account.

2) If your husband don't wish to buy over your share, then you can own part of the house, since it has privatized.

Then the next important question, can you get an HDB flat? NO. If the situation is #2. Although they say you can appeal, the chances are slim.

Now assuming you decided to go with situation #1, get your husband to buy over your share of your matrimonial home. Then can you get a HDB flat? Maybe, maybe not. This is because with no employment (hence no regular income), you are not likely to qualify for HDB loan.

At age 42, with regular employment, your loan tenure is likely to be 20 years (with appeal maybe 25 years) the cut off age is usually our official retirement age.

Bottom line if you are not employed, then you don't qualify for the loan.

Then how can you get an HDB flat? Well if you bought your condo then at $900,000, with you coming $100,000 and your husband coming out $200,000 from both your CPF, then you both took up a loan for the balanced.

Say now your condo is worth say 1.5 million and your husband is willing to give you say 30% then you have $500,000. Out of this, you will need deposit back to your CPF OA $100,000+accured interest, and the balance you keep as cash.

So now you may use whatever you put back into your CPF + the cash you have to buy your flat.

Re: Dirvorce proceedings.
 

I beg to differ, you can buy a HDB so long as you dispose your private property within 6 month from your HDB purchase.

Re: Dirvorce proceedings.
 

Well said, sorry I didn't see your post before replying essentially the same thing. Pai Seh Pai Seh

Re: Dirvorce proceedings.
 

I'll be the Devil's Advocate here, not everyone who seeks advice here is the victim, but since this is a forum, and we are not here to judge. As long as the samster ask nicely, I think most of us are generous with our knowledge.

Re: Dirvorce proceedings.
 

sorry forgot to mention.
If you decide to keep the private property, you cannot buy another HDB flat even if its resale.

Re: Dirvorce proceedings.
 

I am not claiming any form of assets. Just want to quickly go through the divorce once and for all. I dont want alimony or anything. Just want to be set free to purchase an hdb flat.
I know some of you here are protecting my interests as a woman even though you are all mostly men giving kind advises! Thank you very much.
However, I dont wish to claim anything so as not to cause him any financial stress.
Afterall, he is still my daughter's father. Someone she respects and love dearly.
I am willing to forgo everything if it means not disturbing the peaceful and better life condition for her future.

Re: Dirvorce proceedings.
 

So pardon me now.
Step 1 settle dirvorce papers.
Step 2 withdraw my name fr private property .
Step 3 cpf?? Government put back into my cpf? Then what happen to him when that happens? He needs to top up the cpf? Or don't need?
Step 4. Cpf put back into my cpf.means can take hdb flat ?
Step 5 contribute cpf to msyelf as freelancse?
Step 6 can appeal since my case is genuine ?
Anyone?
Still lost.
The helpline insist i belomg to priority citizen because got private property. Cannot ask for support. :(
Im lost. No ans again.

Re: Dirvorce proceedings.
 

Not selling the flat. They will continue to live in it.
Better for mt daughter.
Don't want to csuse unnecessary transition for the poor elderly .

Re: Dirvorce proceedings.
 

aiya, this kind of removing name from property issue is so common.

it's just removing 1 of the owners name from the property.

first, ask your husband to check with the bank, and they will do it for you. they will valuate the price of the property, remaining loan, then assess how much loan your husband can take.

eg.

value of house is 1 mil

outstanding loan 400k

your contribution (cash & cpf) 200k

husband contribution 400k

outstanding loan 400k + your contribution 200k = 600k

your husband just need the bank to give him a new loan to pay you back the 200k.

if your husband is earning a steady income, I'm sure he shouldn't have problem getting a loan to pay you back your CPF.

you don't have to worry that he need to sell the house.

Re: Dirvorce proceedings.
 

You wish to move on and you
1. Still care for him enough not to want to cause him any financial stress
2. Love your daughter so much you do not wish to damage her relationship with her father
3. Don't care if you struggle after the divorce.

Why is the marriage beyond salvation? If the marriage is saved, all the issues you raised will not need answers. How much change in him is needed to spark a change in you? Sometimes a person is so set on the idea of moving on. Will you regret moving on? Did he cheat on you?

Re: Dirvorce proceedings.
 

Based on your questions I will reply:

1 Yes, if both of you agree to dissolve the marriage, and since you have been living apart for more than 4 years then even if your husband don't wish to do it, the divorce will still be granted by the court.
I don't really know how to do it without a lawyer since someone must draft the order and apply to court, so I cannot advise on this.

2 Withdraw your name? Don't exactly work like that, what you can, is 'gift' your share of the house to your husband or daughter or you can sell it to him at $1. Again this part normally a lawyer will be involved so I am not sure how you will do it without one. And, if you really mean what you posted by not wanting to claim any assets from the marriage, you should 'gift or sell' your house first before the divorce. This will be much cleaner.

3 CPF? Government put back into your CPF? What nonsense is that? After you 'gifted' your share of the Condo, or sold it for $1. You and you alone will be responsible to put back whatever money you have previously used for that Condo + interest back to your CPF OA. If you don't, CPF will come after you, and this is no joke. This is why everyone here advise you to talk over with your husband first, who is going to put the money back to your CPF OA?

4 Yes after the money has been put back into your OA, it can be used to purchase your new property. If you have enough to pay off the entire flat then ok, if not you need to take a loan for the balanced.

5 Self contribution to CPF? not so simple lady, self employed people may self contribute to CPF, all fair and good. The assessment criteria is how long you have regularly contributed? For self employed people, HDB usually ask for Income Tax Assessment for the past one (or more) year(s).

6 Appeal? Possible, but as I mentioned before not much of a chance.

Re: Dirvorce proceedings.
 

i dont think you can sell the house for $1, if CPF funds are used. That is because the proceeds are owed to CPF. I think you need to sell for at least the sufficient amount which is needed to put back into CPF for the amount used to pay for the property (with interest).

If your parent doesn't not have any hdb u can use their name and pay with your CPF. Go find a job.. Now a day 老人公寓very cheap.. 110k can settle liao

Re: Dirvorce proceedings.
 

Only those abv 55 can use their CPF OA abv BRS to pay for 2rm flexi.
If her name is in the flat, 95 less 42.. is a min 60yr lease.

Re: Dirvorce proceedings.
 

I beg to differ, it can be done, as I have mentioned in my earlier post, CPF will ask for the money (from TS) back. That is the principle of the matter.

So far, I am sharing (information) based on questions raised by TS as well as background information shared by her.

Thus I can only speak based on what can be done on principle, of course procedural sequences have to be followed depending on her situation, for instance, has the Condo been fully paid up or they are still servicing their mortgage makes a big difference.

Re: Dirvorce proceedings.
 

oh you meant as long as able to pay back the amount to CPF, you can still sell your house at whatever price?
interesting

Re: Dirvorce proceedings.
 

Essentially yes, a very simplified scenario: If TS needs to put back into her CPF OA $250,000 (it include both what she withdrew to pay for the condo as well as accrued interest) as of now.
So now, suppose TS struck $250,000 TOTO and decided to put it into her OA. She then inform CPF and do it. Her account would then be updated to show she has already put back what she withdrew from her OA, then CPF will no longer be concern with what she do with her condo.

well said bro funboi, so long as no other party who will be directly affected by the property sale interfere, the sale will go through.

Re: Dirvorce proceedings.
 

thanks for sharing this:)

Re: Dirvorce proceedings.
 

Very simplified scenario... She where got money to do this option? She just wishes to move on in the least disruptive way possible even though she is unaware of CPF rules etc.
Probably not willing to find out the truth too because it may mean she cannot divorce her husband in a non-disruptive way and she really wants to leave her marriage.

Just go read the other thread she started
There is more than meet the eye.