Need help! about hdb and private property ownership

oogguyu

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Hi all I am new member here but I have been reading many useful tips in this forum for a while (just lazy to register account until now I also got Qn to ask).

Anyway, my wife and I purchased a second hand HDB flat some years ago. I paid about 70% of the total cost and she paid 30%. However she is the owner of the flat and I am only the occupier. I recently just learnt that occupier actually dont get anything is anything goes wrong. So I want to put myself as co-owner. But my wife don't allow me to do so.

My question is if things become sour between us and we want to sell the flat, I am not going to get a single cent even I paid 70%?

Also, since I am only the occupier, I am eligible to buy a private property. Do I qualify to ABSD for
Singapore Citizens (SC) buying first residential property? --> 0%

or

SC buying second residential property --> 12%

Thanks.
 

Sakagamii

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I'm curious. why would u put urself as an occupier when u bought the first hdb?
 

Pokémon

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Anyway, my wife and I purchased a second hand HDB flat some years ago. I paid about 70% of the total cost and she paid 30%. However she is the owner of the flat and I am only the occupier. I recently just learnt that occupier actually dont get anything is anything goes wrong. So I want to put myself as co-owner. But my wife don't allow me to do so.

As far as I know, married couple must both be named owners when buying a flat. It seems you did not provide the info clearly. Was the flat bought under the single scheme, before both of you were officially married?

If yes, why did you agree to pay 70% of the cost when she is going to be the owner?

Anyway, being an occupier, are you helping to service the loan as well?

My question is if things become sour between us and we want to sell the flat, I am not going to get a single cent even I paid 70%?

You will get nothing. You can only wish she is someone who is trustworthy and return your 'rightful' share.

Also, since I am only the occupier, I am eligible to buy a private property.

Why were you named the occupier? Was it because you thought occupiers also could get something back when selling the house?

This question is not quite right... Anyone above the age of 21 is eligible to buy a private property.

Do I qualify to ABSD for
Singapore Citizens (SC) buying first residential property? --> 0%

or

SC buying second residential property --> 12%

This question is also not quite right... Everyone wished they would not qualify for ABSD.

Anyway, since you do not own any property, ABSD is not applicable when you buy your first private property, under your name only.
 

henrylbh

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Hi all I am new member here but I have been reading many useful tips in this forum for a while (just lazy to register account until now I also got Qn to ask).

Anyway, my wife and I purchased a second hand HDB flat some years ago. I paid about 70% of the total cost and she paid 30%. However she is the owner of the flat and I am only the occupier. I recently just learnt that occupier actually dont get anything is anything goes wrong. So I want to put myself as co-owner. But my wife don't allow me to do so.

My question is if things become sour between us and we want to sell the flat, I am not going to get a single cent even I paid 70%?

Also, since I am only the occupier, I am eligible to buy a private property. Do I qualify to ABSD for
Singapore Citizens (SC) buying first residential property? --> 0%

or

SC buying second residential property --> 12%

Thanks.

You paid 70% by way of cash? If CPF, then you must be part-owner.

If you are not named part owner, you get nothing even if you paid 100% as occupier.
 

oogguyu

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As far as I know, married couple must both be named owners when buying a flat. It seems you did not provide the info clearly. Was the flat bought under the single scheme, before both of you were officially married?

If yes, why did you agree to pay 70% of the cost when she is going to be the owner?

Anyway, being an occupier, are you helping to service the loan as well?



You will get nothing. You can only wish she is someone who is trustworthy and return your 'rightful' share.



Why were you named the occupier? Was it because you thought occupiers also could get something back when selling the house?

This question is not quite right... Anyone above the age of 21 is eligible to buy a private property.



This question is also not quite right... Everyone wished they would not qualify for ABSD.

Anyway, since you do not own any property, ABSD is not applicable when you buy your first private property, under your name only.


Thanks. Last time when we married she say must put she as owner then got security. Since already married then doesn’t matter if I’m just occupier. So I agreed. Now kinda regret as I learnt the law will give me nothing even I paid the flat.

Yes I paid everything in cash. It was brought after marriage.
 

Sakagamii

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isn't the qns mark here the fact that she dun allow u to change to co owner? what's her rationale?
 

Sainté

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Thanks. Last time when we married she say must put she as owner then got security. Since already married then doesn’t matter if I’m just occupier. So I agreed. Now kinda regret as I learnt the law will give me nothing even I paid the flat.

Yes I paid everything in cash. It was brought after marriage.
Just go lawyer prepare transfer document for 50-50 ownership and ask her to sign.

Big question mark if she refuses... then you can ask her why.
 

Pokémon

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Yes I paid everything in cash. It was brought after marriage.

Are you a foreigner turned SC or what? When was it bought?

That brings to the same question as the others have, what is/are the reasons for her refusing to add you as an owner?
 

Pernicious

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Thanks. Last time when we married she say must put she as owner then got security. Since already married then doesn’t matter if I’m just occupier. So I agreed. Now kinda regret as I learnt the law will give me nothing even I paid the flat.

Yes I paid everything in cash. It was brought after marriage.

What do you mean by the law will give you nothing?

Assuming the two of you divorce (since you're thinking of worse-case scenarios), the hdb flat is still a matrimonial asset liable for division. Also assuming that you can prove that you paid the bulk of the purchase price, the court will take that into account when they order division of assets. Doesn't really matter whose name the property is in as long as you can prove contribution.

Alternatively, assuming she dies, she can always will the house to you. If she doesn't have a will, you will be legally entitled to her estate (which would include the house), of course your entitlement to the share of asset depends on the family makeup.

If you really want to, you can always sue her and asked the court for a declaration that she holds the property on resulting trust for you. This is difficult to succeed though.
 

jerichoo

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Thanks. Last time when we married she say must put she as owner then got security. Since already married then doesn’t matter if I’m just occupier. So I agreed. Now kinda regret as I learnt the law will give me nothing even I paid the flat.

Yes I paid everything in cash. It was brought after marriage.

No offence u and ur wife how old ah?

Must list her 70% then got security?

Smlj marriage is this foundation based on!?
 

Wk7777

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What do you mean by the law will give you nothing?

Assuming the two of you divorce (since you're thinking of worse-case scenarios), the hdb flat is still a matrimonial asset liable for division. Also assuming that you can prove that you paid the bulk of the purchase price, the court will take that into account when they order division of assets. Doesn't really matter whose name the property is in as long as you can prove contribution.

Alternatively, assuming she dies, she can always will the house to you. If she doesn't have a will, you will be legally entitled to her estate (which would include the house), of course your entitlement to the share of asset depends on the family makeup.

If you really want to, you can always sue her and asked the court for a declaration that she holds the property on resulting trust for you. This is difficult to succeed though.

wow.. are you a lawyer??
But if she sells the house before divorce? then prob TS gets nothing ya....

this sounds like PRC wife tbh... many horror stories on weibo...
 

kiatme

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TS, i think even if you ask HDB, they will most likely not be able to advise you correctly.
In the eyes of HDB, the owner is your wife, you are occupier so you will not get anything, i think its better if you seek legal advice.

From the way you say it, i think the issue seems to lie with your relationship with your wife, maybe you might want to work on any existing issues / worries with her.

To some people this might be a blessing, since you do not own any properties, technically you can buy a private property without incurring additional buyer stamp.
 

tk

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Alternatively, assuming she dies, she can always will the house to you. If she doesn't have a will, you will be legally entitled to her estate (which would include the house), of course your entitlement to the share of asset depends on the family makeup.

TS wife can always will all her estate to someone else.. then TS no share..
 

infernolord

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This remind me of a friend of mine. Her mum is a taiwanese, married here in sg. Divorce twice and demand a ridicule maintenance and house. Reason she left her country to sg, she shld entitle to the house.
End up she is millionaire, two house left behind by ex. and monthly maintenance. its the way she teach her daughter as well.. she tell her to marry rich and alway protect herself...

TS.. depend on the character of your wife. Some hv trusts, they even decoupling to buy two assets..
 
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