SingaporeWhat happens to my HDB flat on divorce?
On divorce in Singapore, your HDB flat may be transferred to one spouse, sold, or ordered for sale by the court — subject to HDB’s eligibility rules and approval. The Housing and Development Act gives HDB authority to approve or refuse transfers.
What the Law Says
The Housing and Development Act governs how HDB flats can be held, transferred, or disposed of — including during divorce. HDB must approve any change in ownership, and strict eligibility conditions apply.
When a married couple divorces, their jointly owned HDB flat cannot automatically remain in both names. Under Singapore law, only eligible persons may own or retain an HDB flat. After divorce, at least one party must meet HDB’s eligibility conditions — such as being a Singapore citizen, at least 21 years old, and fulfilling the Minimum Occupation Period (MOP) of 5 years (commonly referred to as the 10-year MOP for resale flats with grants).
HDB has the legal power to approve or reject any proposed transfer of flat ownership arising from divorce. If neither party qualifies to keep the flat, HDB may require its sale in the open market or to HDB itself, depending on circumstances.
Statutory TextThe Board may, in such circumstances as it thinks fit, approve or refuse to approve any transfer of a flat or part thereof.
— Housing and Development Act, s. 51 — Power to approve or refuse transfer of flat
What to Do
Check if you or your ex-spouse meets HDB’s eligibility conditions (citizenship, age, MOP, income, etc.)
Apply to HDB for approval to retain the flat — submit divorce certificate and proposed ownership arrangement
If neither qualifies, prepare for sale: list with HDB or private agent, settle outstanding mortgage, and split proceeds per court order or agreement
If disputed, ask the Family Court to decide ownership or division of the flat as part of ancillary matters
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.