VWM v VWN: Division of HDB Flat in Divorce Proceedings

In the case of VWM v VWN, the Appellate Division of the High Court of Singapore heard an appeal regarding the division of a Housing and Development Board (HDB) flat in divorce proceedings. The wife, VWM, appealed against the decision of the lower court, which had ordered the flat to be returned to the HDB. The Appellate Division allowed the wife's appeal, ordering the husband, VWN, to transfer his interest in the flat to the wife, subject to her reimbursing his contributions to the flat's purchase.

1. Case Overview

1.1 Court

Appellate Division of the High Court of the Republic of Singapore

1.2 Outcome

Appeal Allowed

1.3 Case Type

Family

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the division of a Housing and Development Board (HDB) flat in divorce proceedings. The court allowed the wife's appeal, ordering the husband to transfer his interest in the flat to the wife.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VWMAppellantIndividualAppeal AllowedWon
VWNRespondentIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudge of the Appellate DivisionYes
Kannan RameshJudge of the Appellate DivisionNo
Debbie Ong Siew LingJudge of the Appellate DivisionNo

4. Counsels

Counsel NameOrganization
Patrick FernandezFernandez LLC
Mohamed Arshad Mohamed TahirFernandez LLC

4. Facts

  1. Parties applied to purchase an HDB flat before divorce proceedings.
  2. The purchase of the flat was not completed pending the outcome of divorce proceedings.
  3. The wife sought the transfer of the husband's interest in the flat to her.
  4. The District Judge declined the wife's request and ordered the flat to be returned to the HDB.
  5. The wife appealed the District Judge's decision.
  6. The wife offered to reimburse the husband's CPF contributions towards the flat.
  7. The husband lives in another HDB flat.

5. Formal Citations

  1. VWM v VWN, Civil Appeal No 65 of 2022, [2023] SGHC(A) 4

6. Timeline

DateEvent
Parties applied to purchase the flat from the HDB
Divorce proceedings commenced
District Judge made ancillary orders
Wife appealed against the orders of the District Judge
Appeal was heard by a judge of the General Division of the High Court
Wife applied to the AD for leave to appeal
AD granted the wife leave to appeal only in respect of the flat
Wife filed her Notice of Appeal
Wife obtained valuation from AUG Valuers LLP
Husband submitted valuation report by Savills Valuation and Professional Services (S) Pte Ltd
Grounds of decision were issued
Deadline for parties to tender written submissions in response to the GD
Judgment delivered

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court allowed the wife's appeal and ordered the husband to transfer his interest in the flat to the wife, subject to reimbursement of his contributions.
    • Category: Substantive
  2. Whether the HDB flat is a matrimonial asset
    • Outcome: The court held that the right to acquire the flat during the marriage is a matrimonial asset even though the purchase had not been completed yet.
    • Category: Substantive

8. Remedies Sought

  1. Transfer of husband's interest in HDB flat to wife

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Divorce
  • Family Law

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
s 112(10)(b) Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial asset
  • HDB flat
  • Division of assets
  • Minimum occupation period
  • Central Provident Fund

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • HDB Flat
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Division of Assets90

16. Subjects

  • Family Law
  • Divorce
  • Property Law