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| FAQs: Matrimonial Property |
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The Court’s decision will be based on section 112 of the Women’s Charter.
The fact that you or your spouse did not pay for a particular matrimonial asset is not conclusive. There is no particular formula used to divide the property. The Court’s decision is made after it has heard all the evidence. The Court will decide what share is just and equitable in the circumstances of your case.
The Court will look at
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each spouse’s direct financial contributions, such as salary earnings |
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the children’s needs |
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each spouse’s non-financial contributions to the welfare of the family, including looking after the home and caring for the family |
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any agreement that both of you may have made regarding the division of the matrimonial assets in case of a divorce. |
If you and your spouse are unable to agree on how to divide the matrimonial assets, the Court will ask each of you to file an Affidavit of Assets and Means in the ancillary matters stage of your divorce proceedings.
Alternatively, you may request a Resolution Conference at the Family Resolution Chambers to help you and your spouse reach an agreement. |
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That depends.
If the HDB flat is a matrimonial asset, the Court can make an order for your spouse to transfer his share of the flat to you.
But it is very important that you check with HDB that you are eligible to retain the flat. You must do this before the ancillary matters hearing, because the Court will not be able to give you answer to this question. Only HDB can provide you with the information that you need.
It is also very important that you check on your own financial status to see if you can reimburse the CPF money that your spouse used to buy the flat, and to pay any cash amount that your spouse may ask for in return for the transfer. You may need to make some inquiries with your bank. Again, you must do this before the ancillary matters hearing, because the Court will not be able to help you with financing the transfer.
You should refer to the HDB and CPF Board websites for current information on HDB and CPF regulations and policies. |
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According to prevailing CPF rules and regulations, you will both need to refund the money used for the purchase of your home, with interest on those amounts, or such amounts as to be determined by the CPF Board, to your respective CPF accounts. This requirement cannot be waived by the Court.
You should refer to the CPF Board website for current information on CPF rules, regulations and policies. |
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The Court will apply general principles of property law to your dispute—in other words, the Court will decide your dispute according to the same principles that apply in property disputes between people who are not married to each other.
This is a complex area of the law, and an account of these principles is beyond the scope of this website. You are advised to consult a lawyer if you are thinking of making an application to the Court under section 59 of the Women’s Charter. |
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Yes. An application to the Court may be made under section 59 of the Women’s Charter. |
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Most couples will have acquired a home during the course of their marriage. Some will have other assets, such as a family car, businesses, bank accounts or insurance polices.
If the property or asset is a matrimonial asset, then it is part of a pool of assets that the Court will divide when the couple comes to Court to get a divorce.
If the asset was acquired after the marriage, it is a matrimonial asset. If the asset was acquired by you before the marriage, it is a matrimonial asset if
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it has been used by your spouse, or the children, while you were living together |
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it has been substantially improved during the marriage by your spouse, or by both of you. |
If the asset was a gift, or was inherited by you, it is not a matrimonial asset except if
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it is the matrimonial home |
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it has been substantially improved during the marriage by your spouse, or by both of you. |
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When a person is made bankrupt, the Official Assignee will step in to manage all his assets except for the HDB flat and CPF money.
The Court will still divide the matrimonial assets in the same way as in a case where neither spouse is bankrupt. But the Official Assignee may attend the ancillary matters hearing to make representations on behalf of the bankrupt spouse. If you and your spouse have reached an agreement on the division of the matrimonial assets, you will need to obtain the Official Assignee’s approval before the Court will endorse your agreement.
For more information on bankruptcy and the role of the Official Assignee, you may wish to refer to the website of the Insolvency and Public Trustee’s Office. |
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