Tan Cheng Guan v Tan Hwee Lee: Division of Matrimonial Assets and Inter-Spousal Gifts

In the divorce case of *Tan Cheng Guan v Tan Hwee Lee*, the High Court of Singapore, presided over by Justice Choo Han Teck, addressed the division of matrimonial assets and maintenance. The key issue was whether an inter-spousal gift (32 Seletar Hills Drive) should form part of the matrimonial pool. The court found that while the husband had gifted the property to the wife, it remained part of the matrimonial pool. The court ordered a division of assets, awarding 32 Seletar Hills Drive and other assets to the wife, along with monthly maintenance for herself and their younger daughter.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Division of matrimonial assets ordered; maintenance awarded to wife and daughter.

1.3 Case Type

Family

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving division of matrimonial assets, including inter-spousal gifts. The court determined the division of assets and maintenance for the wife and daughter.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tan Hwee LeeDefendantIndividualDivision of matrimonial assets orderedWon
Tan Cheng GuanPlaintiffIndividualDivision of matrimonial assets orderedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Irving ChohRHT Law LLP
Stephanie Looi Min YiRHT Law LLP
Bernice Loo Ming NeeAllen & Gledhill LLP
Magdalene SimAllen & Gledhill LLP

4. Facts

  1. The parties were married for 28 years and have two daughters.
  2. The husband was the sole breadwinner, and the wife was a housewife.
  3. The parties owned three properties: 32 Seletar Hills Drive, 34 Seletar Hills Drive, and 36E La Salle Street.
  4. The wife claimed 32 Seletar Hills Drive was a gift from the husband.
  5. The husband transferred 90% share of 32 Seletar Hills Drive to the wife.
  6. The parties resided at 34 Seletar Hills Drive from 1999 onwards.
  7. A decree nisi was granted on 6 May 2010.

5. Formal Citations

  1. Tan Cheng Guan v Tan Hwee Lee, Divorce (T) No 1658 of 2008/C, [2011] SGHC 216

6. Timeline

DateEvent
Parties married
Decree nisi granted
Wife applied for maintenance
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered a division of the matrimonial assets, including the inter-spousal gift.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Contribution of parties
      • Inter-spousal gifts
  2. Maintenance
    • Outcome: The court awarded monthly maintenance to the wife and daughter.
    • Category: Substantive
    • Sub-Issues:
      • Quantum of maintenance
      • Lump sum maintenance
      • Monthly maintenance
  3. Inter-Spousal Gift
    • Outcome: The court held that the inter-spousal gift was part of the matrimonial pool.
    • Category: Substantive
    • Sub-Issues:
      • Whether gift forms part of matrimonial pool
      • Effective gift

8. Remedies Sought

  1. Division of matrimonial assets
  2. Maintenance for wife and daughter
  3. Custody of younger daughter

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Wan Lai Cheng v Quek Seok KeeHigh CourtYes[2011] SGHC 9SingaporeCited regarding whether an inter-spousal gift forms part of the pool of assets liable for division.
Wong Ser Wan v Ng Cheong LingUnknownYes[2006] 1 SLR(R) 416SingaporeCited regarding the court's consideration of inter-spousal gifts as part of the matrimonial pool.
Yeo Gim Tong Michael v Tianzon LolitaUnknownYes[1996] 1 SLR(R) 633SingaporeCited regarding the intention of the donor when making a gift.
Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent)High CourtYes[2006] 4 SLR(R) 605SingaporeCited regarding whether an inter-spousal gift is a matrimonial asset depends on how the inter-spousal gift was acquired by the donor.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial asset
  • Inter-spousal gift
  • Matrimonial pool
  • Maintenance
  • Decree nisi

15.2 Keywords

  • Divorce
  • Matrimonial assets
  • Inter-spousal gift
  • Maintenance
  • Singapore
  • Family law

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Division of Assets95
Family Law90
Divorce90
Maintenance80
Inter-spousal Gift75
Matrimonial Home70
Gifts65
Custody of Children60

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets