Fraudulent Divorce Cases in Past Five Years by Existing Lessees of HDB Flats to Circumvent Minimum Occupation Period or Avoid Buyers' Stamp Duties

Debated in Parliament on 3 Feb 2020.

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Gan Thiam Poh asked if there have been fraudulent divorces by HDB flat lessees in the past five years to circumvent the Minimum Occupation Period or avoid buyers' stamp duties.
Lawrence Wong stated that the courts require valid statutory grounds for divorce and there is no known case of divorces solely for circumventing MOP or avoiding stamp duties.
After a divorce, HDB rules still apply to the matrimonial flat, and parties must meet eligibility conditions to retain or sell it.
If the MOP is unfulfilled and neither party is eligible, the flat must be surrendered to HDB, though special exemptions may be considered for early sale.

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Gan Thiam Poh

Mr Gan Thiam Poh asked the Minister for National Development for the past five years, whether there have been cases of fraudulent divorces committed by existing lessees of HDB flats to circumvent the Minimum Occupation Period or to avoid buyers' stamp duties.

Lawrence Wong

The Courts have to be satisfied that there are valid and proven statutory grounds before granting a divorce. We are not aware of any divorces undertaken by HDB flat owners purely to circumvent the Minimum Occupation Period (MOP) or to avoid buyers' stamp duties.

Following a divorce, the treatment of the matrimonial HDB flat, as stated in the Court Order, is still subject to HDB's rules. Regardless of whether the flat is to be retained by one party or sold on the open market, the parties must satisfy the prevailing eligibility conditions. For example, if the parties wish to sell the flat on the open market, they must have fulfilled the MOP by the divorce date. If the MOP has not been fulfilled and neither party is eligible to retain the flat, the parties would need to surrender the flat to HDB. Depending on the circumstances of the case, HDB may consider granting a special exemption for the divorced couple to sell their flat within their MOP.

Summary written by AI (learn more)

Gan Thiam Poh asked if there have been fraudulent divorces by HDB flat lessees in the past five years to circumvent the Minimum Occupation Period or avoid buyers' stamp duties.
Lawrence Wong stated that the courts require valid statutory grounds for divorce and there is no known case of divorces solely for circumventing MOP or avoiding stamp duties.
After a divorce, HDB rules still apply to the matrimonial flat, and parties must meet eligibility conditions to retain or sell it.
If the MOP is unfulfilled and neither party is eligible, the flat must be surrendered to HDB, though special exemptions may be considered for early sale.

Questions identified by AI (learn more)

Fraudulent Divorce Cases in Past Five Years by Existing Lessees of HDB Flats to Circumvent Minimum Occupation Period or Avoid Buyers' Stamp Duties | PAPERCUTS

Fraudulent Divorce Cases in Past Five Years by Existing Lessees of HDB Flats to Circumvent Minimum Occupation Period or Avoid Buyers' Stamp Duties

Debated in Parliament on 3 Feb 2020.

Summary written by AI (learn more)

Gan Thiam Poh asked if there have been fraudulent divorces by HDB flat lessees in the past five years to circumvent the Minimum Occupation Period or avoid buyers' stamp duties.
Lawrence Wong stated that the courts require valid statutory grounds for divorce and there is no known case of divorces solely for circumventing MOP or avoiding stamp duties.
After a divorce, HDB rules still apply to the matrimonial flat, and parties must meet eligibility conditions to retain or sell it.
If the MOP is unfulfilled and neither party is eligible, the flat must be surrendered to HDB, though special exemptions may be considered for early sale.

Questions identified by AI (learn more)

Full Transcript

Gan Thiam Poh

Lawrence Wong

Summary written by AI (learn more)

Gan Thiam Poh asked if there have been fraudulent divorces by HDB flat lessees in the past five years to circumvent the Minimum Occupation Period or avoid buyers' stamp duties.
Lawrence Wong stated that the courts require valid statutory grounds for divorce and there is no known case of divorces solely for circumventing MOP or avoiding stamp duties.
After a divorce, HDB rules still apply to the matrimonial flat, and parties must meet eligibility conditions to retain or sell it.
If the MOP is unfulfilled and neither party is eligible, the flat must be surrendered to HDB, though special exemptions may be considered for early sale.

Questions identified by AI (learn more)

Fraudulent Divorce Cases in Past Five Years by Existing Lessees of HDB Flats to Circumvent Minimum Occupation Period or Avoid Buyers' Stamp Duties

Summary

Questions Identified

Full Transcript

Gan Thiam Poh

Lawrence Wong

Summary

Questions Identified

Fraudulent Divorce Cases in Past Five Years by Existing Lessees of HDB Flats to Circumvent Minimum Occupation Period or Avoid Buyers' Stamp Duties

Summary

Questions Identified

Full Transcript

Gan Thiam Poh

Lawrence Wong

Summary

Questions Identified