What happens to the flat : after divorce ?

[Ysc3]

my cousin just got married abt 3 years back and got a son one year after ... but earlier this year, i learnt from my aunt that the wife has sought to divorce him as she claim that he is not putting time and effort into the marriage.

 

anyway, question is : my cousin bought a 3 room HDB under the singles scheme - paid all by himself b4 getting married.

 

now that his wife is seeking a divorce, will he be forced to sell HIS flat ? will he need to split the proceeds from the sale with this wife ?

 

my cousin is a freelancer ...so come on lah ... the girl shud have understood this when they were dating ... where got time to sit there at home and sayang sayang everyday ?? his income also not regular and not doing very well ... and if he really has to sell his self-paid flat and give half of the proceeds to the wife then this is really no sky-law (tian1 li3) !!

 

btw, both are SINGAPOREAN (before someone starts to blame "FTs" again) and i understand he has to pay something to take care of the kid ... which the wife is filing for custody of.

 

oh yah ... since its the wife asking for divorce, my cousin still need to pay alimony to the wife ?

 

sorry lah ... me not a WOMAN ... so dunno the WOMEN'S CHARTER.

[Donut]

Depends on whose names are in the flat's ownership....

 

 

[Chucky2007]

I think this case the flat still belongs to yr cousin

[Tom_kkh]

if your cousin can proof that he paied all, which i don think its quite difficult if he pays by CPF, the house is his.

 

 

[Ysc3]

Depends on whose names are in the flat's ownership....

 

if he paid all himself ... and then included his wife's name in the house AFTER married, can his estranged wife still demand for a portion of the "matrimonial home " ?

 

or even after married, his is still the sole contributor to the installments and his wife did not cough out a single cent for the flat, can the wife ask for it ?

[Watwheels]

Tough luck for the woman. Imagine during marriage the bugger...I beg your pardon, the cousin already boh simi chap, I can't imagine the paying alimony part. If the woman is smart she will be better off asking for a lump sum of $$ since the cousin has an asset and have a clean break off with him. If he has to sell his flat to come up with the $$ dan too bad lor.

 

Btw pls dun put freelancer, I chuckled and thought the cousin works a a man whore. Can't help it cos sammyboy has a lot of talk on FL in their forums as well.

[Acemundo]

if he paid all himself ... and then included his wife's name in the house AFTER married, can his estranged wife still demand for a portion of the "matrimonial home " ?

 

or even after married, his is still the sole contributor to the installments and his wife did not cough out a single cent for the flat, can the wife ask for it ?

 

included the wife's name as occupant or as owner? there is whole lot of difference.

 

if it is the former, no effect. if it is the latter, good luck to him.

[1fast1]

Btw pls dun put freelancer, I chuckled and thought the cousin works a a man whore. Can't help it cos sammyboy has a lot of talk on FL in their forums as well.

 

That's free-lan-chiao-er.

[Sosaria]

...

my cousin is a freelancer ...so come on lah ... the girl shud have understood this when they were dating ... where got time to sit there at home and sayang sayang everyday ?? his income also not regular and not doing very well ... and if he really has to sell his self-paid flat and give half of the proceeds to the wife then this is really no sky-law (tian1 li3) !!

...

 

If your cousin so scared of losing a lot of money, then don't divorce lah.

 

"Freelancer" is no excuse. In the beginning before having children, of course wife can tolerate hubby's absences from home. But once there's a kid, it's an obligation to spend more time at home and help out.

 

Marriage takes a bit of sacrifice. If your cousin don't understand this simple thing, then why get committed in the first place??

 

About the flat, if he can prove he paid entirely for the flat, and his wife's name is not attached to it - then he may be lucky enough not to have to sell and split. But paying alimony to support the child, this he cannot avoid.

[5936]

Follow title deed.

If no change in flat ownership status, flat remain his.

[Donut]

if he paid all himself ... and then included his wife's name in the house AFTER married, can his estranged wife still demand for a portion of the "matrimonial home " ?

 

or even after married, his is still the sole contributor to the installments and his wife did not cough out a single cent for the flat, can the wife ask for it ?

 

In this case, yr consin does not need to give any part of the flat to the wife, if he paid everything from his pocket.

 

Alimony is another story that he has to worry about.

 

Anyway, if the divorce is just about yr cousin not spending enough time with family, he can fight this case. He can prove otherwise, if he can. If he wins the case, the alimony will be lesser.

 

The court will always want to see both sides of story. The wife claims he's not spending time, the court will also want to see if the wife is capable of taking care of the kid by herself, after divorce.

 

Is the wife working? earning income?

 

I sense there is more to this story. Not spending enough time is a lame excuse to a divorce. If this reason can result in divorce, alot of families will be in divorce by now....... maybe either yr cousin or wife is having ECA outside.......... I'm not being mean or whatever. I'm just being practical in this world.

 

 

Best is to seek proper legal advise..... there are marriage counselling centres that can provide the advise. Tell yr cousin to approach them. Call MCYS for informaton.

 

 

[Ysc3]

some ppl are just liddat .... dun think b4 they leap .... love is blind ? maybe in the beginning ... but after the smoke clears, that's where problems will arise.

 

all along my cousin does not have a steady income ... his was into freelance photography and then part-time in some tv shoots ... and other odd-jobs in between.

 

however, i think the girl is abit better off ... we only got to know that my aunt has never seen the baby before !! just the photo from my cousin !! tiger wife ??

 

since his income is not stable, his time is also very hard to control ... that's why his wife is using that as an "excuse". its not boh-chap ... but he has to try to put food on the table. 24/7 by your wife will not put food on the table unless she is damn rich.

[Bystander50]

if your cousin can proof that he paied all, which i don think its quite difficult if he pays by CPF, the house is his.

 

Don't forget there's a Woman's Charter which is a pain in the a** for many.

 

 

[Sabbie]

It depends on whether the judge defines it as a matrimonial asset, even if the wife's name is not in the property if she can prove that she has contributed to it eg paying the conservancy fees, property tax and the upkeep of the property she can still have a claim in it, of cos if all clean then dun think she can claim, of cos kid's alimony sure kena as for wife it depends on the individual circumstances

[Ysc3]

supporting the kid is his duty as a father ... i must agree with that.

 

its just that since the woman asked for the separation, i really dun like the idea of her being able to bite into his flat which he bought himself.

 

seems like generally, he shud be able to keep his flat to himself ... will get him to clarify it when they go for the paperwork .... you all know, when you see a lawyer, $$$$$ is a big headache !!

[Ladykillerz]

my cousin just got married abt 3 years back and got a son one year after ... but earlier this year, i learnt from my aunt that the wife has sought to divorce him as she claim that he is not putting time and effort into the marriage.

anyway, question is : my cousin bought a 3 room HDB under the singles scheme - paid all by himself b4 getting married.

now that his wife is seeking a divorce, will he be forced to sell HIS flat ? will he need to split the proceeds from the sale with this wife ?

my cousin is a freelancer ...so come on lah ... the girl shud have understood this when they were dating ... where got time to sit there at home and sayang sayang everyday ?? his income also not regular and not doing very well ... and if he really has to sell his self-paid flat and give half of the proceeds to the wife then this is really no sky-law (tian1 li3) !!

btw, both are SINGAPOREAN (before someone starts to blame "FTs" again) and i understand he has to pay something to take care of the kid ... which the wife is filing for custody of.

oh yah ... since its the wife asking for divorce, my cousin still need to pay alimony to the wife ?

sorry lah ... me not a WOMAN ... so dunno the WOMEN'S CHARTER.

 

before all that happened, they cannot divorce immediately unless adultery happens or similar.

no matter separation or divorce, the lady can ask for alimony, which is already a killer to the man.

if you happened to know the new alimony rule, there is nearly no escape route of skipping the payment.

 

on top of that, the house cannot sell immediately if separation unless divorce.

upon divorced, they can choose either sell the house to either party or sell the house and the money will be shared 50-50.

 

if any party wants to file a case for more money on the house, it will be another case which will cost you to the next level.

 

ultimately, the lawyers will be smiling at both of them, this way -> v($_$)v

[Latka]

if he paid all himself ... and then included his wife's name in the house AFTER married, can his estranged wife still demand for a portion of the "matrimonial home " ?

 

or even after married, his is still the sole contributor to the installments and his wife did not cough out a single cent for the flat, can the wife ask for it ?

 

If wife's name not included after marriage as occupant or co-owner, don't see why yr cousin must sell house. Its his to keep.

 

[Jj5599]

my cousin just got married abt 3 years back and got a son one year after ... but earlier this year, i learnt from my aunt that the wife has sought to divorce him as she claim that he is not putting time and effort into the marriage.

 

anyway, question is : my cousin bought a 3 room HDB under the singles scheme - paid all by himself b4 getting married.

 

now that his wife is seeking a divorce, will he be forced to sell HIS flat ? will he need to split the proceeds from the sale with this wife ?

 

my cousin is a freelancer ...so come on lah ... the girl shud have understood this when they were dating ... where got time to sit there at home and sayang sayang everyday ?? his income also not regular and not doing very well ... and if he really has to sell his self-paid flat and give half of the proceeds to the wife then this is really no sky-law (tian1 li3) !!

 

btw, both are SINGAPOREAN (before someone starts to blame "FTs" again) and i understand he has to pay something to take care of the kid ... which the wife is filing for custody of.

 

oh yah ... since its the wife asking for divorce, my cousin still need to pay alimony to the wife ?

 

sorry lah ... me not a WOMAN ... so dunno the WOMEN'S CHARTER.

 

 

Bro, let me tell you, once divorce, all true colours revealed. Even if the flat is not under her name as well, she can claim that it is the Matrimonial home if she helped to pay some instalments, maintain it, take care of it, so he could go out there and earn money in peace.....so she can take a bite of it.

 

But please consult a lawyer, pay a few hundred bucks to get definitive legal advice.