Chue Hon San v Wong Yim Yen: Division of HDB Flat Proceeds in Divorce

In the divorce case of *Chue Hon San v Wong Yim Yen*, the High Court of Singapore heard an appeal regarding the division of proceeds from the sale of the parties' HDB flat. The Family Court had previously ordered a specific distribution, including a payment to the intervener/daughter. Choo Han Teck J adjusted the division, increasing the husband's share of the proceeds to $170,000 and ordering nominal maintenance of $1 per month to the wife.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning the division of proceeds from the sale of an HDB flat in a divorce. The court adjusted the division, increasing the husband's share and ordering nominal maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chue Hon SanAppellantIndividualAppeal allowed in partPartial
Wong Yim YenRespondentIndividualAppeal partially unsuccessfulPartial
Alicia IsraelIntervenerIndividualClaim AllowedWon
Raymond Yeo of Raymond Yeo

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Adriene CheongHarry Elias Partnership LLP
Raymond YeoRaymond Yeo

4. Facts

  1. The husband and wife were married in 1966 and have six adult children.
  2. The HDB flat was purchased in 2003 by the husband, wife, and daughter, using their CPF monies.
  3. The daughter contributed more than $100,000 towards the flat purchase.
  4. The daughter withdrew her name from the flat in 2007 and returned $119,232.29 to her CPF account.
  5. The Family Court ordered the flat to be sold and the proceeds divided in a specific manner.
  6. The husband requested an increased portion of the sale proceeds to purchase a studio flat.
  7. The husband claimed none of the children were willing to support him financially.

5. Formal Citations

  1. Chue Hon San v Wong Yim Yen (Alicia Israel, intervener), Divorce Suit No 2708 of 2011 (Registrar's Appeal from Subordinate Courts No 46 of 2013), [2013] SGHC 257

6. Timeline

DateEvent
Marriage registered
HDB flat purchased
Daughter withdrew her name from the flat
Interim judgment granted
Family Court gave its decision in the ancillary matters
Judgment issued

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court adjusted the division of proceeds from the sale of the HDB flat, increasing the husband's share and decreasing the wife's share.
    • Category: Substantive
  2. Maintenance
    • Outcome: The court ordered the husband to pay the wife nominal maintenance of $1 a month.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Maintenance of Parents Act (Cap 167B, 1996 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • HDB flat
  • CPF monies
  • Division of proceeds
  • Lump sum maintenance
  • Nominal maintenance

15.2 Keywords

  • divorce
  • matrimonial assets
  • HDB flat
  • maintenance
  • Singapore

17. Areas of Law

Area NameRelevance Score
Division of Assets95
Matrimonial Assets95
Divorce90
Family Law90
Division of Matrimonial Property90
Matrimonial Assets Division90
Division of Family Assets90
Maintenance (Wife)80
Maintenance80
Matrimonial Home80
CPF Monies60

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance