UQP v UQQ: Division of Matrimonial Assets - Appeal Over Matrimonial Home

In UQP v UQQ, before the High Court of Singapore, Justice Choo Han Teck heard an appeal by UQP (the wife) against the order to pay UQQ (the husband) 18% of the net asset value of their matrimonial home. The court allowed the wife's appeal, awarding her 100% of the value of the flat, finding that the husband had not contributed to the acquisition of the flat and should not be entitled to a share.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed and the appellant is awarded 100% of the value of the Flat.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the division of matrimonial assets, specifically the matrimonial home. The court allowed the appeal, awarding the appellant 100% of the value of the flat.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
UQPAppellantIndividualAppeal AllowedWon
UQQRespondentIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Foo Soon YienBR Law Corporation
Foo Bei YingBR Law Corporation
Tan Yew FaiYF Tan & Co

4. Facts

  1. The appellant and respondent married on 15 August 2012 and have one child born on 11 August 2013.
  2. The appellant purchased the flat six years and seven months before the marriage.
  3. The purchase price of the flat was $834,550, financed by the appellant and her father.
  4. By the time of the marriage, $444,000 of the purchase price had been paid.
  5. The flat is now fully paid, and its value as of 21 August 2018 was $2,050,000 with an outstanding mortgage of $28,000.
  6. The court below ordered the appellant to pay the respondent 18% of the net asset value of the flat, amounting to $363,960.
  7. The appellant has care and control of the child.

5. Formal Citations

  1. UQP v UQQ, HCF/District Court of Appeal No 91 of 2018, [2019] SGHCF 7

6. Timeline

DateEvent
Marriage occurred
Child born
Judgment below issued
Judgment reserved
Judgment issued

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court held that the husband was not entitled to 18% of the net asset value of the matrimonial home.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of non-financial contributions
      • Application of ANJ v ANK formula
    • Related Cases:
      • [2015] 4 SLR 1043
      • [2017] 1 SLR 609
      • [2007] 3 SLR(R) 520
      • [2019] SGCA 3

8. Remedies Sought

  1. Appeal against order to pay 18% of net asset value of matrimonial home

9. Cause of Actions

  • Division of Matrimonial Assets

10. Practice Areas

  • Family Law
  • Divorce
  • Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ANJ v ANKSingapore Law ReportsYes[2015] 4 SLR 1043SingaporeCited as the basis upon which the judge below applied and obtained the 18% award for the respondent. The court qualified the application of this case.
TNL v TNK and another appeal and another matterSingapore Law ReportsYes[2017] 1 SLR 609SingaporeCited to qualify ANJ v ANK by stating that this approach is inappropriate for single-income marriages.
Lock Yeng Fun v Chua Hock ChyeSingapore Law ReportsYes[2007] 3 SLR(R) 520SingaporeCited for the underlying rationale for the court’s power to order a division of matrimonial assets pursuant to s 112 of the Women’s Charter.
BPC v BPB and another appealSingapore Court of AppealYes[2019] SGCA 3SingaporeCited to define community property as property that is acquired by the co-operative efforts of the spouses, financial or otherwise, during the course of their marriage.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed) s 112Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial home
  • Matrimonial assets
  • Division of assets
  • Non-financial contribution
  • ANJ v ANK
  • Community property

15.2 Keywords

  • matrimonial assets
  • division of assets
  • family law
  • divorce
  • appeal
  • matrimonial home

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Matrimonial Home90
Divorce50

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets