Can either spouse rent an HDB flat elsewhere while a divorce case is in progress

While a divorce case is still in progress, both spouses are generally considered co-owners and listed occupiers if they jointly own an HDB flat. This means that, until the division of the HDB flat is settled by mutual agreement or a court order, both parties are typically not eligible to rent another HDB flat from the Housing and Development Board under regular public rental schemes.

However, if there are special circumstances—such as family violence or safety concerns—a spouse may apply for a Personal Protection Order or Domestic Exclusion Order, which could result in one party being excluded from living in the marital flat. Only in such cases might one spouse potentially be eligible for interim public rental housing, subject to HDB approval and specific eligibility criteria.

If neither of these exceptional situations applies, and until the divorce is finalized and the division of the flat is complete, neither spouse is automatically permitted to rent another HDB flat directly from HDB. Renting a private property or renting a room or flat on the open market remains an option, but this is separate from HDB’s rental housing schemes.

If you are facing urgent housing needs during divorce proceedings, it is advised to consult HDB directly or seek legal advice tailored to your situation to explore possible interim housing options.