Property and Inheritance

Property Ownership: Dispute over sale of property

Court’s overriding power to allow a sale

The Court may order a sale of an immovable property (e.g. house, apartment) where it appears necessary or expedient.

In doing so:

  1. The Court will conduct a balancing exercise of various factors, including:
    1. the state of the relationship between the parties (which would be indicative of whether they are likely to be able to cooperate in the future);
    2. the state of the property; and
    3. the prospect of the relationship between the parties deteriorating if a sale was not granted such that a complete separation would be preferable.
  2. The Court will have regard to the potential prejudice that the co-owners might face if a sale is granted and if it is not granted.
  3. The Court would not generally grant a sale if to do so would violate a prior agreement between the co-owners concerning the manner in which the land may be disposed of.

What if the property involved is a HDB flat?

The Court retains the power to order a sale with the same considerations above. However, certain selling restrictions still apply when HDB flats are involved such as those involving minimum occupation periods. Ethnic and citizenship restrictions also apply as to whom the flat can be sold to.

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