TQN v TQO: Division of Matrimonial Home in Divorce Proceedings

In the Family Justice Courts of Singapore, Judicial Commissioner Foo Tuat Yien presided over the divorce case of TQN (Wife) and TQO (Husband), concerning the division of matrimonial assets, specifically the matrimonial home. The court ordered that the matrimonial home be divided with 67% allocated to the Husband and 33% to the Wife. The court determined that an inherited property did not form part of the matrimonial assets.

1. Case Overview

1.1 Court

FAMILY JUSTICE COURTS of the republic of singapore

1.2 Outcome

Matrimonial Home to be divided in the proportion of 67% for the Husband and 33% for the Wife.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court case concerning the division of a matrimonial home in divorce proceedings. The court ordered a 67/33 split in favor of the husband.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
TQNPlaintiffIndividualPartial Division of Matrimonial HomePartial
TQODefendant, AppellantIndividualPartial Division of Matrimonial HomePartial

3. Judges

Judge NameTitleDelivered Judgment
Foo Tuat YienJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Nirmal SinghRaj Kumar & Rama
Ramalingam KasiRaj Kumar & Rama
Oei Ai Hoea AnnaTan Oei & Oei LLC
Twang Mei ShanTan Oei & Oei LLC

4. Facts

  1. The parties were married on 14 March 1996 and have two children.
  2. The Wife stopped working shortly after their son was conceived in mid-1994.
  3. The family lived in the Inherited Property from 1996 to May 2002.
  4. The family moved into the Matrimonial Home around November 2005.
  5. The Wife filed for divorce on 5 November 2012.
  6. The Matrimonial Home was purchased for $1 million in November 2005.
  7. The Husband's direct financial contribution to the Matrimonial Home was $986,104.79.
  8. The Wife's direct financial contribution to the Matrimonial Home was $55,000.

5. Formal Citations

  1. TQN v TQO, Divorce Transfer No 5353 of 2012, [2016] SGHCF 13

6. Timeline

DateEvent
Parties met
Son was born
Parties' marriage
Daughter was born
Family lived in the Inherited Property
Husband’s father died
Family took in Wife's sister's illegitimate daughter
Husband accepted job in Kuala Lumpur
Family moved out of the Inherited Property
Husband’s estate title and interest in father’s estate vested
Family moved into the Matrimonial Home
Husband's father's widow died
Wife separated from the Husband
Wife stayed with her parents
Deed of Distribution entered into
Children left the Matrimonial Home
Wife filed for divorce
Interim judgment for divorce granted
Wife relocated to Myanmar for work
Hearing date
Court held that the Inherited Property did not form part of the matrimonial assets
Hearing date
Judgment date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered the Matrimonial Home to be divided 67% to the Husband and 33% to the Wife.
    • Category: Substantive
  2. Inclusion of Inherited Property as Matrimonial Asset
    • Outcome: The court held that the Inherited Property did not form part of the matrimonial assets.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ANJ v ANKCourt of AppealYes[2015] 4 SLR 1043SingaporeCited for the approach to dividing matrimonial assets, emphasizing just and equitable division considering direct and indirect contributions.
NK v NLN/ANo[2007] 3 SLR(R) 743SingaporeCited in relation to the idea that marriage is an equal cooperative partnership of efforts and equal acknowledgement must be awarded to spousal contributions whether in the economic or homemaking sphere.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Section 112(10) of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Home
  • Inherited Property
  • Direct Financial Contribution
  • Indirect Contribution
  • Division of Matrimonial Assets
  • Women’s Charter

15.2 Keywords

  • divorce
  • matrimonial assets
  • property division
  • family law
  • singapore

17. Areas of Law

Area NameRelevance Score
Division of Matrimonial Property95
Matrimonial Assets95
Family Law95
Divorce80
Child Custody60
Child Support60
Civil Procedure30
Property Law30

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Property Division