TIC v TID: Division of Matrimonial Assets and Payment of Ongoing Liabilities Pending Property Transfer

In the divorce case of *TIC v TID*, the Court of Appeal of Singapore addressed the issue of who should bear the ongoing liabilities of a matrimonial property during the interim period between the court order and the completion of the property transfer. The District Judge initially apportioned the net equity in the property in a 59:41 ratio in favor of the Wife, which was later varied to 58:42 by the High Court. The Court of Appeal dismissed the Wife's appeal, ruling that the Wife, as the party taking over the property, should bear the ongoing liabilities, including mortgage and property tax payments, from 10 September 2015.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the division of matrimonial assets, specifically addressing which party bears ongoing liabilities of a property pending its transfer. The court ruled the eventual owner is solely liable.

1.7 Decision Date

7 November 2018

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
TIC	Appellant	Individual	Appeal Dismissed	Lost
TID	Respondent	Individual	Appeal Dismissed	Won	Walter Ferix Silvester, Sara Binte Abdul Aziz

3. Judges

Judge Name	Title	Delivered Judgment
Andrew Phang Boon Leong	Judge of Appeal	Yes
Steven Chong	Judge of Appeal	No
Chao Hick Tin	Senior Judge	No

4. Counsels

Counsel Name	Organization
Walter Ferix Silvester	Silvester Legal LLC
Sara Binte Abdul Aziz	Silvester Legal LLC

4. Facts

The parties are involved in divorce proceedings.
The District Judge determined ancillary matters, including the division of matrimonial assets.
The District Judge apportioned the net equity in the property in a 59:41 ratio in favor of the Wife.
The Wife was given the option of taking over the Husband’s share of the property upon payment of a fixed sum.
The High Court varied the ratio to 58:42 in favor of the Wife.
Both parties applied to the High Court to determine who should bear the ongoing liabilities of the property.
The Wife confirmed she wanted to take over the Husband’s share of the property.

5. Formal Citations

TIC v TID, Civil Appeal No 183 of 2017, [2018] SGCA 75
TIC v TID, , [2017] SGHCF 30

6. Timeline

Date	Event
2015-09-10	District Judge determined ancillary matters, including the division of matrimonial assets.
2016-12-19	High Court varied the District Judge’s order.
2017-06-21	High Court heard parties on the issue of who should bear the ongoing liabilities of the property.
2017-06-27	High Court heard further arguments from the Husband.
2017-08-31	High Court heard further arguments from the Husband.
2018-10-02	Judgment reserved.
2018-11-08	Judgment delivered.

7. Legal Issues

Division of Matrimonial Assets
- Outcome: The court upheld the High Court's decision that the Wife should bear the ongoing liabilities of the property.
- Category: Substantive
Payment of Ongoing Liabilities
- Outcome: The court ruled that the party taking over the matrimonial property should bear its ongoing liabilities during the interim period.
- Category: Substantive

8. Remedies Sought

Order that the parties bear the liabilities in their respective proportions of their net equity of the property.
Order that the date from which the parties should bear the said liabilities should not be 10 September 2015.

9. Cause of Actions

No cause of actions

10. Practice Areas

Divorce
Family Law
Matrimonial Assets Division

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
BHL v BHM	High Court	Yes	[2013] SGHC 92	Singapore	Cited regarding mortgage payments after completion of property transfer, but silent on payments before completion.
TRS v TRT	Family Court	Yes	[2016] SGFC 108	Singapore	Cited regarding mortgage payments after completion of property transfer, but silent on payments before completion.
TZC v TZD	Family Court	Yes	[2017] SGFC 32	Singapore	Cited regarding mortgage payments after completion of property transfer, but silent on payments before completion.
UJH v UJI	High Court	Yes	[2018] SGHCF 4	Singapore	Cited regarding mortgage payments after completion of property transfer, but silent on payments before completion.
TZG v TZH	High Court	Yes	[2017] SGHCF 9	Singapore	Cited regarding the apportionment of ongoing liabilities during the interim period, but the court in the present case declined to follow it.
Tan Su Fern v Lui Hai San alias Lei Haishan	District Court	Yes	[2006] SGDC 159	Singapore	Cited regarding the occupation of the property during the interim period, but distinguished as the property was ordered to be sold in the open market.
TJB v TJC	Family Court	Yes	[2015] SGFC 158	Singapore	Cited regarding the occupation of the property during the interim period, but distinguished as it concerned payments before the date of the court order.
BFC Development LLP v Comptroller of Property Tax	High Court	Yes	[2013] 1 SLR 1053	Singapore	Cited to define property tax payments as tariffs levied on the ownership of the property.
Sivakolunthu Kumarasamy v Shanmugam Nagaiah	Court of Appeal	Yes	[1987] SLR 182	Singapore	Cited regarding the recognition of ownership of property as at the date of the court order.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

Matrimonial Property
Ongoing Liabilities
Net Equity
Mortgage Payments
Property Tax Payments
Interim Period
Division of Matrimonial Assets
Transfer of Property
Eventual Owner
Notional Owner

15.2 Keywords

Divorce
Matrimonial Assets
Property
Liabilities
Singapore
Family Law

16. Subjects

Family Law
Divorce
Matrimonial Assets
Property Division

17. Areas of Law

Family Law
Matrimonial Assets
Property Law