Can each party apply for HFE to buy a resale flat if the final divorce decree has not been obtained and the divorce case is still in progress

If your divorce is still in progress and the final divorce decree has not yet been obtained, you would generally not be able to independently apply for an HDB Flat Eligibility (HFE) to purchase a resale flat as a single. The Housing & Development Board (HDB) requires official documentation of the change in marital status—specifically, the final judgment or court order on the divorce—before either party can proceed to buy a flat under a new household setup.

Until the divorce is officially concluded, both parties are usually still recognized as a single "family nucleus" by HDB. Any decisions on property division or eligibility to buy another flat would be based on the outcome of the divorce proceedings and stipulated in the court’s ancillary orders. Only after obtaining the Final Judgment of Divorce and any relevant court orders regarding the matrimonial flat can each party apply for their own HFE and proceed with purchasing a resale flat as a single or under another eligible scheme.

During the interim period before the divorce is finalized, the HDB flat remains a matrimonial asset, and its division or sale—along with each party’s eligibility to purchase under their own HFE—is subject to the final court order. Exceptions or special requests may occasionally be considered by HDB on a case-by-case basis, but these require strong justifications and supporting documents.

In summary: Both parties must wait until the divorce is finalised and the relevant court orders are issued before they can apply individually for HFE to buy a resale flat.