Your lawyer should be able to advise you on how to go about a divorce if you have a HDB flat.
However, a common problem faced by clients is when they undergo divorce while their flat is still under the Minimum Occupation Period (“MOP”). Will a transfer of the HDB flat be feasible in this case? Will you be able to take over the flat? If both parties cannot take over the flat from each other, is surrendering the flat be feasible and practical? If you surrender the flat, how much money will you be losing at the end of the day? All these issues are practical issues that your lawyers should be able to advise you on.
Additionally, if your flat’s MOP has been fulfilled, should you sell your HDB flat or retain it for the sake of your children – or should you sell it and downsize to a smaller flat so that you can live more comfortably? How can your spouse transfer the flat to you taking into account of other ancillary matters? If you have care and control of the children but are unable to take over the flat, how can you cope with your home living arrangement in light of the dire circumstances?
All these issues involving care and control and division of assets are inter-connected. We are well-versed in these matters, and will be able to advise you on the practical solutions that you can choose.