When a couple goes through a divorce, the ownership of their HDB flat must be determined before proceeding with the sale. Depending on the specific circumstances, there are several possible outcomes to consider:
1. Matrimonial Asset: If the HDB flat is considered a matrimonial asset acquired through a joint application or the HDB fiancé-fiancée scheme, the court will decide how to fairly divide this asset between the divorcing couple.
2. Custody and Retention: If you have children and are granted custody, you may qualify to retain the flat, provided you are financially capable of taking on the HDB loan associated with it.
3. Necessity of Sale: If neither party can retain ownership of the flat, it will need to be sold. If the Minimum Occupation Period (MOP) has been completed, it can be sold on the open market. If the MOP has not been fulfilled, the flat may need to be returned to HDB, unless HDB specifies otherwise.
It’s also essential to consult with your lawyer to understand whether the interim judgment is being finalized or if the legal process is still in a contested stage.
If you find yourself in this unfortunate situation and seek comprehensive clarity on your housing options during or after a divorce, please provide your contact details below. I will reach out to you to provide further explanations and guidance to help you navigate this challenging process.