BWU v BWW: Division of Matrimonial Assets and Constructive Trust in HDB Flat Dispute

In a consolidated proceeding involving Divorce No 1027 of 2016 and Suit No 875 of 2018, the High Court of Singapore addressed ancillary matters in the divorce between BWW (Husband) and BWV (Wife), and a claim by BWU (Mother) for a beneficial interest in the Ang Mo Kio HDB flat (AMK Flat). Choo Han Teck J declared that the Mother was not entitled to any beneficial interest in the AMK Flat, determined the division of matrimonial assets, valuing the AMK Flat at $700,000 and the Husband's CPF at $409,100.12, and awarded the Wife a lump sum maintenance of $10,000. The court ordered the Wife to transfer her interest in the AMK Flat to the Husband for $205,259.95 or for the flat to be sold, with proceeds divided 70.68% to the Husband and 29.32% to the Wife.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Judgment for Wife in divorce ancillary matters; Mother not entitled to beneficial interest in AMK Flat.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court case involving division of matrimonial assets, including an HDB flat, and a dispute over a constructive trust. The court determined the division of assets and awarded maintenance to the wife.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BWUPlaintiffIndividualClaim DismissedLost
BWVPlaintiff, DefendantIndividualPartialPartial
BWWDefendant, PlaintiffIndividualPartialPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Jeffrey Lau See-JinLau & Company
Jeanny NgM/s Jeanny Ng

4. Facts

  1. Husband and Mother applied to HDB to purchase the AMK Flat in their joint names in 1991.
  2. HDB approved the purchase with conditions, including the disposal of the Owen Road Flat.
  3. The AMK Flat was purchased in the Husband's sole name in 1993.
  4. The Owen Road Flat was transferred to Agnes and David in 1994 to comply with HDB conditions.
  5. The AMK Flat was transferred to a joint tenancy in the names of the Husband and Wife in 1997.
  6. The Mother became the sole owner of the Owen Road Flat again in 1999 after transfers from Agnes and David.
  7. The Wife filed for divorce in 2016.
  8. The Husband and Mother filed a writ seeking a declaration that the Mother owns a 50% beneficial interest in the AMK Flat in 2018.

5. Formal Citations

  1. BWU and another v BWW and another matter, HC/Suit No 875 of 2018, [2019] SGHC 128
  2. BWW v BWV, HCF/Divorce (Transferred) No 1027 of 2016, [2019] SGHCF 11

6. Timeline

DateEvent
Husband and Mother applied to HDB to purchase the AMK Flat.
HDB approved the purchase of the AMK Flat with conditions.
AMK Flat was purchased in the Husband’s sole name.
Husband and Wife were married.
Lease for AMK Flat commenced.
Owen Road Flat was transferred to Agnes and David.
Agnes transferred her share of the Owen Road Flat to the Mother.
AMK Flat was transferred to a joint tenancy in the names of the Husband and Wife.
David transferred his share of the Owen Road Flat to the Mother.
Wife filed a writ of divorce.
Divorce (Transferred) No 1027 of 2016 filed.
Interim judgment was granted in divorce proceedings.
Mother transferred the Owen Road Flat to Agnes and her husband.
Husband and Mother filed a writ of summons seeking a declaration that the Mother owns a 50% beneficial interest in the AMK Flat.
Hearing date.
Hearing date.
Ancillary matters hearing date.
Judgment reserved.

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined the total net asset value of the matrimonial pool and ordered a division of assets, with 70% to the Husband and 30% to the Wife.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of HDB flat
      • Valuation of CPF monies
      • Inclusion of debts as liabilities
    • Related Cases:
      • [2015] 4 SLR 1043
      • [2019] SGHCF 7
      • [2016] SGCA 2
  2. Constructive Trust
    • Outcome: The court declared that the Mother was not entitled to any beneficial interest in the AMK Flat due to contravention of the Housing and Development Act.
    • Category: Substantive
    • Related Cases:
      • [2007] 1 SLR(R) 265
      • [2013] 3 SLR 710
      • [1999] 1 SLR(R) 1126
  3. Maintenance of Wife
    • Outcome: The court awarded the Wife a lump sum maintenance of $10,000.
    • Category: Substantive
    • Related Cases:
      • [2016] SGCA 2

8. Remedies Sought

  1. Declaration of Beneficial Interest
  2. Division of Matrimonial Assets
  3. Maintenance

9. Cause of Actions

  • Declaration of Beneficial Interest
  • Division of Matrimonial Assets
  • Divorce

10. Practice Areas

  • Divorce Litigation
  • Family Law
  • Real Estate Law

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Chui Lian v Neo Liew EngHigh CourtYes[2007] 1 SLR(R) 265SingaporeCited for the principle that s 51(10) of the HDA prevents ineligible persons from acquiring an interest in HDB flats via a resulting or constructive trust implied by law.
Low Heng Leong Andy v Low Kiang Beng Lawrence (administrator of the estate of Tan Ah Kng, deceased)High CourtYes[2013] 3 SLR 710SingaporeCited for the principle that s 51(10) of the HDA does not disallow the underlying resulting or constructive trust, but rather the effect of conferring an interest in the HDB flat to an ineligible person.
Cheong Yoke Kuen and others v Cheong Kwok KiongCourt of AppealYes[1999] 1 SLR(R) 1126SingaporeCited to support the principle that a person is not eligible to hold any interest in a HDB flat if they acquire another HDB flat.
Lam Chih Kian v Ong Chin NgohHigh CourtYes[1993] 1 SLR(R) 460SingaporeCited as an example of courts pro-rating parties’ CPF contributions according to the duration of their marriage.
Yeo Gim Tong Michael v Tianzon LolitaHigh CourtYes[1996] 1 SLR(R) 663SingaporeCited as an example of courts pro-rating parties’ CPF contributions according to the duration of their marriage.
Ng Hwee Keng v Chia Soon Hin WilliamHigh CourtYes[1995] 1 SLR(R) 819SingaporeCited to support the principle that CPF contributions before marriage may not be considerable.
TND v TNC and another appealCourt of AppealYes[2017] SGCA 34SingaporeCited for the principle that the starting position for the valuation of matrimonial assets is at the date of the ancillary matters hearing.
TXW v TXXHigh CourtYes[2017] 4 SLR 799SingaporeCited for the principle that belated disclosures alone are insufficient to ground an adverse inference because parties to a functioning marriage do not keep records of their transactions with a view to building a case should a divorce occur.
BOR v BOS and another appealCourt of AppealYes[2018] SGCA 78SingaporeCited for the principle that mere suspicion alone is insufficient to ground an adverse inference.
ANJ v ANKHigh CourtYes[2015] 4 SLR 1043SingaporeCited for the propositions for the division of assets, involving ascertaining the Parties’ direct contributions, then an inquiry into their indirect contributions, before determining the weighted average of the parties’ overall contributions expressed as a ratio.
UQP v UQQHigh CourtNo[2019] SGHCF 7SingaporeCited to show the judge's reservations against the rigid adherence to the mathematical approach in ANJ v ANK.
Zhou Lijie v Wang ChengxiangHigh CourtYes[2015] SGHC 316SingaporeCited for the trend for moderate length childless marriages where the wife made little direct financial contributions, and found that a just and equitable division for the wife ranged between 10% to 20% of the matrimonial pool.
ATE v ATD and another appealCourt of AppealYes[2016] SGCA 2SingaporeCited for the principle that the court must take into account the Parties’ share of the matrimonial asset upon division before deriving at an appropriate maintenance sum.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Housing and Development Act (Cap 129, 2004 Rev Ed)Singapore
Housing and Development Act (Cap 129, 2004 Rev Ed)Singapore
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Ang Mo Kio HDB flat
  • Matrimonial assets
  • Constructive trust
  • Housing and Development Act
  • Beneficial interest
  • CPF monies
  • Maintenance
  • Division of assets
  • Ancillary matters

15.2 Keywords

  • HDB flat
  • matrimonial assets
  • constructive trust
  • divorce
  • family law
  • Singapore

17. Areas of Law

Area NameRelevance Score
Division of Matrimonial Assets95
Family Law90
Maintenance of Wife90
Housing and Development Act80
Constructive Trust75
Property Law70
Succession Law30
Contract Law20
Civil Procedure15

16. Subjects

  • Family Law
  • Property Law
  • Trust Law