When two Singapore Permanent Residents (SPRs) jointly purchase an HDB flat, a divorce can raise complex questions about who gets to retain the property, especially when children are involved.
If one parent is granted sole care and control of the children, that parent may be able to retain the flat under an eligibility scheme by listing the children as occupiers. But what happens if both parents share care and control?
Shared Care and Control: What It Means for Housing
In shared care and control arrangements, both parents are responsible for the day-to-day care of the children. However, for HDB purposes, a child can typically only be listed as an occupier in one flat. This presents a potential issue: neither parent can automatically list the child under their household without the other’s consent.
This situation may affect the ability of an SPR parent to retain the flat post-divorce — even if they are caring for the child part-time.
What SPRs Should Do
If you are an SPR hoping to retain your HDB flat following a divorce, and shared care and control is being considered or has been ordered, it’s important to:
Approach HDB Early
Contact HDB to explain your situation and ask what options are available based on your intended parenting arrangement. Policies can change, and HDB evaluates each case based on its facts.
Discuss Housing in the Divorce Agreement
If retaining the flat is important, ensure that the divorce discussions cover how the children will be listed for HDB purposes. Where shared care exists, mutual agreement may be needed before listing a child as an occupier.
Understand That Final Approval Comes After Divorce
HDB generally assesses eligibility only after divorce proceedings are completed. You’ll need to provide the full set of finalised divorce documents before any decision can be made.
What This Means for You
Navigating post-divorce housing as SPRs can be more complex than it appears — especially when shared parenting is involved. The key is not to assume eligibility, but to engage HDB directly and plan ahead.
If in doubt, speak to our family law team. We have extensive experience advising on parenting orders, including complex shared care arrangements, and how these intersect with HDB housing policies. Our advice is tailored to help you make informed decisions about both your post-divorce parenting responsibilities and your housing options.
We’re here for you
Should you have any questions or would like more information on the Division of Matrimonial Assets, please contact Gloria James-Civetta & Co to speak to one of our lawyers.
