Help! My Ex-Wife Refuses To Sell The Flat

Source : The Sunday Times, 2 Sept 2007

Q. I WAS divorced about two years ago and have no children.

My matrimonial flat has become an issue as my former wife (the petitioner) who is living in it, has refused to sell.

A. proposed matrimonial property plan was filed with the petition for divorce in April 2005.

This stated that an application will be made to the HDB to sell the flat on the open market within 13 months of the grant of the Decree Nisi Absolute.

Q. An Order of Court was made in July 2005 for the sale of the flat and the Decree Nisi was made absolute in August 2005. The 13-month period as stated in the proposed matrimonial property plan has clearly expired.

1) Why hasn’t the HDB enforced a sale of the flat since the owners no longer form a family nucleus?

2) I am planning to buy a HDB flat and need my CPF money. Can I apply for a court order to enforce the flat’s sale?

3) How is an order made and how much will it cost?

4) I don’t earn much. What is the criteria to meet before I can seek court assistance?

A. THE scenario you describe happens to many divorced couples. There is an existing court order for the sale of the matrimonial home so it seems your former wife is stalling over the sale.

Usually, the HDB does not check if divorced flat owners have complied with court orders relating to sales and they do not apply to the court to have orders enforced.
You are right in saying that you will have to apply to the Family Court to obtain an order to force your former wife to sell the flat.

The application has to be filed together with your affidavit or sworn statement setting out the background facts.

The Court will set a hearing date and you will have to ensure that your former wife receives your court application. She will be given an opportunity to file an affidavit in reply.

On the appointed date, the court will hear from both of you and make a decision. It is likely the Family Court district judge may order your former wife to take steps to sell the flat by a certain date.

You can also ask the court to order that the Registrar of the Subordinate Courts be authorised to sign the sale documents on your former wife’s behalf, if she persists in not complying with the court order.

As this process involves legal procedures you may find it difficult to handle it yourself.

A lawyer can help you and advise on legal fees, or you can apply to the Legal Aid Bureau or the Tanjong Pagar Family Service Centre’s Pro-Bono Legal Assistance Scheme for legal aid.

Rajan Chettiar Lawyer Rajan Chettiar & Co

Advice provided in this column is not meant as a substitute for comprehensive professional advice.