10/10/2022
各分东西的感情 、要如何处理资产?
[WHO OWNS THE HDB PROPERTY?]
“I paid more for it, so the house is mine”, or “It was willed to me by my parents, so my spouse has no claim”. At many times, these are what we hear on how the matrimonial assets are assumed to be divided upon couples going separate ways.
All in all, the first thing you need to know about is the type of ownership that you had chosen upon your purchase of the property.
[Joint Tenancy And Tenancy-In-Common]
These are options that determine how you wish to slice and dice the ownership shares if you’re owning the home with a co-owner. You can simply opt for all your family members to have 100% ownership of the house in Joint Tenancy, or to have each member owning different percentage of shares in the property if Tenancy-In-Common is selected.
Joint tenancy also means that in the event that your spouse passes away, his or her ownership will eventually be transferred to the surviving you and your child (if any), even if the will state otherwise.
Whereas for tenancy-in-common, unlike joint tenancy, this involves a mutual agreement on how much percentage each member will have. By any chance that one of the co-owner passed on, the other’s share will still remain. The shares of the deceased co-owner will not be automatically transferred over, as it will be distributed accordingly to what the will indicates.
[What If The Property Was Willed To Me By My Parents?]
In general, an inherited property will generally not be divided and spouse will generally not be receiving a share.
However, such asset can also be transformed and be subjected to division in some situations, such as if the property is used as the matrimonial home. If the family has lived together for a substantial part of the marriage in the home, the property is considered transformed, and will be subject to division.
Thus, do put this into consideration upon deciding whether to use an inherited property as your matrimonial home.
However, the division of these assets between the couple are still contentious. The Court has power, separate from the written law, to decide on the “grey” areas when it comes to premarital or matrimonial assets.
Have questions in mind? Don’t leave it to assumptions. Inbox us or comment below to get your doubts clarified!
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https://singaporelegaladvice.com/