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Q I am filing for divorce. My wife and I have an HDB flat with a joint-name tenancy status of equal share. Both of us are working, and we are childless.
 
My wife, however, did not contribute anything to the payment for the flat, as well as to the monthly loan instalments. We agreed to get divorced, and that I would pay her a lump sum that she had agreed to.

Is my wife still entitled to claim 50 per cent from the sale of the flat when our divorce case is finalised? Can I retain the flat while my divorce is being finalised? 

A You did not indicate when you were married. There are statutory restrictions on a couple filing for divorce within the first three years of their marriage. You can only commence divorce proceedings within the first three years of your marriage if the court gives you permission to do so.

You must prove to the court that your case is one of exceptional hardship or there is exceptional depravity on the part of your spouse. If you are unable to do so, you will only be able to commence divorce proceedings after three years from the date of your marriage.

Your Housing Board flat is a matrimonial asset subject to division when the court deals with the divorce. You did not state whether you purchased your flat directly from the HDB or the open market. You also did not mention the type of HDB flat that you purchased.

These are important as there are restrictions imposed by the HDB on whether parties are eligible to sell their flat on the open market. This depends on whether they have fulfilled the requisite minimum occupation period, the type of flat they purchased, whether they have obtained a Central Provident Fund Housing Grant and whether they have taken a loan from the HDB.

You should verify with the HDB as to your eligibility to sell the flat. If parties are unable to sell the flat on the open market, then it has to be surrendered to the HDB upon the finalisation of the divorce proceedings.

You have indicated that you wish to retain the flat. This can be an alternative to surrendering it to the HDB. However, in order for you to retain it, you must satisfy one of the eligibility schemes as prescribed by the HDB.

You may wish to consult the HDB’s officers as to the various eligibility schemes they offer. Assuming you are eligible to retain your HDB flat, the court can make an order allowing you to retain it. This, however, means that you will have to pay your spouse her rightful entitlement to her share of the flat.

As to your query about your wife claiming 50 per cent of the proceeds arising from the sale, this is on the assumption that you are eligible to sell the flat on the open market in the first place.

Your wife may also decide to claim half of the flat’s value in the event you decide to retain the flat. Your wife is not automatically entitled to 50 per cent of it. The court takes into account many factors when deciding how much each party will be entitled to. This will depend on the financial contribution each party makes to the acquisition of the flat.

You mentioned that your wife did not contribute any payment for the purchase of the flat or towards the monthly instalments.

She will still be able to establish her claim to the flat by relying on her indirect contributions, such as looking after the home or caring for the family or any form of assistance rendered to you in the carrying on of your business.

The extent of her indirect contributions will invariably depend on the length of your marriage. If your marriage is of a short duration and you do not have any children, your wife’s indirect contributions may not be as substantial as compared to a case involving a lengthy marriage where parties have children.

Raymond Yeo
Partner
Harry Elias Partnership

Source : Sunday Times - 18 May 2008

In this weekly column, we bring you a sampling of properties up for sale. In the spotlight this week: Good-class bungalows

Belmont Road, freehold

Land: About 22,000 sq ft

Price: $28 million

Located in prestigious district 10, this bungalow has a wide 27m frontage and is designed in a tropical Balinese fashion.

It has 12,000 sq ft of built-up area and comes with eight bedrooms, 11 bathrooms, an outdoor pool and a private courtyard.

Windsor Park, freehold

Land: 19,200 sq ft

Price: $15.8 million

This district 20 bungalow site is a plot of elevated flat ground that has stood vacant for 40 years.

It faces the north-south direction and overlooks the MacRitchie Nature Reserve. The price works out to about $822 per sq ft (psf).

Binjai Park, freehold

Land: 20,000 sq ft

Price: $19 million

A single-storey house now stands on this sprawling piece of flat rectangular land, situated on the top of a hill.

The district 21 parcel faces south and is located near a cul-de-sac. Its asking price works out to about $960 psf.
Next Week: HDB flats in Queenstown/Bukit Merah

Source : Sunday Times - 18 May 2008

S’pore company allegedly owes $23,500 in rent for Joo Chiat quarters

On Wednesday, some foreign workers had to endure a six-hour wait to gain entry into their Joo Chiat quarters.

The reason? The landlord of two double-storey shophouses, shared by 167 workers from Bangladesh, India and Myanmar, had locked them out.

This is the third time this has happened within a period of five months over the issue of late rental payments.

When The Sunday Times visited Joo Chiat at about 6pm last Wednesday, we saw workers milling around Joo Chiat Square, an open space next to their living quarters.

The number swelled to more than 160 by 11pm.

A Bangladeshi worker, who wanted to be known only as Alim, said: ‘Our company owes the landlord money.’

The workers are employed by a Singapore company called Deluge Fire Protection. Based in Joo Koon Crescent, its track record includes installing fire-protection systems for VivoCity.

The Sunday Times witnessed the firm’s human resource manager, MrTan Poh Peng, instructing the workers not to move around and talk to the media.

He also spoke to a police officer - a patrol car had arrived at the scene earlier - and was overheard threatening to break into the shophouses.

At about midnight, one of the locks at the shophouses was broken. Shortly after that, landlord Mohamed Ali appeared.

He marched up to Mr Tan to talk things over with him.

MrMohamed Ali alleged that Deluge owes him at least $23,500 in rent.

He said: ‘I managed to get some payment the last two times I locked the dormitories. I was really fed up this time.

‘When I threatened Deluge with locking up the dormitories again, Mr Tan told me to go ahead.

‘I feel sorry for the workers too. They are the real victims. But I have no choice. It’s the only way I can get the company to pay me,’ he added.

The workers were allowed to return to their quarters at 12.15am though the money issue apparently still had not been settled.

The lockout is not the only problem faced by the workers.

The Sunday Times found their quarters dirty and smelly. The 80 or so workers in each shophouse slept in bunk beds.

‘This place is not fit for animals, so how can it be fit for people to live in?’ lamented one Indian worker who declined to be named for fear of being sent home.

Other workers said there were cockroaches, rats and even snakes. Two weeks ago, they had no water for 10 days, they said. The electricity supply was also cut off for a week.

Mr Mohamed Ali said non-payment of rent was the reason. However, he added that he had asked contractors to install ventilation systems, additional fans and even an air-conditioning system.

‘I removed the air-conditioning system at a loss of $16,000 after I was told that air-con is ‘too good’ for the workers,’ he said.

Asked about the living conditions, Mr Tan said: ‘This is one of the better dormitories around.’

But a worker from Bangladesh, who gave his name as Imran, said: ‘If Mr Tan says this is very good, then what is bad to him? No toilet, electricity, tap, ventilation. This is considered good condition?

‘He can say that because he doesn’t have to live here.’

He added: ‘But we cannot push all the blame to the company. Mohamed Ali is also not good. By locking us out, he doesn’t treat us like human beings too.’

But their days at the Joo Chiat shophouses are numbered.

The Urban Redevelopment Authority has issued an eviction notice and the workers have to move out by Friday.

It said that the shophouses were not sanctioned for use as workers’ quarters.

Mr Mohamed Ali insisted that the place was sanctioned and suggested that the eviction had more to do with the fact that the local residents might have objected to the presence of so many foreign workers.

A resident, who wanted to be known only as Madam Ang and who owns a shop directly opposite the quarters, said: ‘They should live in proper dormitories.’

Mr Tan Ann Kiong, project manager of Deluge, said the company had been in a rush to house its workers and did not make thorough checks.

Deluge has found alternative dormitory accommodation in Sungei Kadut. But some workers like Imran are not sure if relief is in sight.

‘We may be moving soon, but who knows if our new place would be much better? There have been too many empty promises and I dare not hope for too much,’ he said.

Source : Sunday Times - 18 May 2008

Residents complain of noise, dust, as developer builds showflat
 
‘It’s like living in a shipyard’
 
It’S not chirping birds that wake them now, but pounding hammers.

And it has been driving some Goodluck View residents up the wall.

The 20-year-old Toh Tuck Road estate has been sold en-bloc, but residents have been given a six-month grace period and need to move out only by August.

Long before that, in March, developer Hiap Hoe Limited started building the show flat.

Mr Paul Makselon, who rents an apartment there, said he has to endure the ‘noise outside his window’, every day from 8am.

Said the engineering consultant: ‘It’s like I’m living in a shipyard. It’s all right if they build the showflat in the middle of the road or somewhere further away, but it’s hard to live here when there’s all that noise so close to your home.’

The fence surrounding the showflat sits barely 2m from his window.

From his three-bedroom apartment, he can see and hear the workers.

Work on the showflat is expected to be completed by the end of July, according to a circular distributed by the estate’s management agent.

Yet, Mr Makselon’s patience is wearing thin.

Said the Singapore permanent resident: ‘My son has to prepare for an exam and he has complained that he is finding it hard to focus. He shuts his windows to block off the noise.

‘I find it difficult too because I work from home.’

His neighbour upstairs, Madam Tracy Dean, said that sometimes the noise can be a little too much for her.

At such times, she leaves the apartment.

Said the IT consultant: ‘I really look forward to rain because I know the workers will have to stop work. All that grinding and banging can drive you up the wall.

‘Even with the windows closed, the noise filters into my flat.’

Mr Makselon and his family plan to move out within three weeks.

Madam Dean will leave for Bangkok in August.

Said Mr Makselon: ‘We didn’t sign up to live like this. They work without considering that there are still people living here. I’ve had enough.’

And it’s not just the noise. MrMakselon claims dust and mosquitos have also been invading their homes.

He said he complained to the estate management when construction workers used the swimming pool toilet, leaving trails of mud.

He claimed that by starting work on the showflat, the developer was breaking the en-bloc agreement.

His landlord, Mr John Tilley, also said the developers should not be working there before August.

‘We (tenants and owners) are expected to leave by 21 Aug. But it’s extremely unreasonable for my tenant to live in such conditions,’ Mr Tilley said. ‘The six months grace period is meant for those still living here to find alternative accommodation.’

INCONVENIENCE EXPECTED

But a spokesman for Hiap Hoe said the company had not broken any rules.

There are no ‘hard and fast rules’ on building a showflat during the six-month free stay period, she said.

She added: ‘Some inconvenience is expected. But so long as we abide by the construction rules and try to minimise the inconveniences, the issue is unavoidable.

‘Building showflats during the free stay period is a very common practice in en-bloc developments. There is no clause that says we start work (on the showflat) only after all the occupants have left.’

The spokesman said they had received some feedback expressing unhappiness over the construction work.

She said no piling work was done, except for the erection of metal beams for the showflat.

The sale of the new development is scheduled for the third quarter of 2008.
 
Source : New Paper - 17 May 2008

Punggol residents can expect a new shopping mall as large as Junction 8, in their town centre, when the Housing and Development Board (HDB) launches the first sale site at Punggol in the next two to three years.

The site will be used for a mixed commercial and private residential development.

Earmarked as Singapore’s waterfront town, much of the activities in Punggol will centre around a new waterway.

The HDB has completed technical studies for the waterway.

It will now explore ways to integrate eco-friendly features and how to make it safe and vibrant for different recreational options.

Work on the waterway is expected to start next year.

Mah Bow Tan, National Development Minister, said, “We are actually going to dig a major waterway, over four kilometres long and four metres deep; the width will varying depending on where it is. In three to four years’ time, we should have the new waterway completed.”

HDB has also launched a new design competition to get the private sector involved in the design of the waterway landscape.

A Waterfront Housing Design Competition will also be held to develop more concrete plans for a new generation of public housing.

Mr Mah said, “HDB is going to launch and build another 4,000 new homes in Punggol later this year for sale under the BTO (Build-to-Order) programme. So if you add it all up, we are going to have more than 20,000 new flats in Punggol.”

Going forward, HDB plans to launch the first public housing site along the waterfront in the next two to three years, after major works of the waterway are completed.

Some land will also be set aside for private residential projects.

HDB said fun and adventure await residents along the coastline.

Work on the coastal promenade will begin soon, while the development of a Rustic Park at Coney Island will start next year. - CNA/ms

Source : Channel NewsAsia - 17 May 2008