Can I use contra for selling and buying in a divorce case for an HDB unit in Potong Pasir if I am representing the seller's wife

In the context of a divorce involving an HDB flat in Singapore, the process of handling the flat is governed by specific rules and court decisions.

Agreement Between Spouses

If you and your spouse can agree on what to do with the HDB flat, you can record these terms in a court judgment during an ancillary matters hearing. For example, you can agree to sell the flat and split the proceeds or transfer the ownership to one spouse, provided the recipient meets HDB's eligibility criteria.

Court Decision

If you and your spouse cannot agree, the court will decide what happens to the HDB flat. The court will first determine if the HDB flat is a matrimonial asset, which is typically the case. If it is, the court will decide how to divide it, either by ordering the sale of the flat and dividing the proceeds or by transferring the ownership to one spouse.

Contra Transaction

A contra transaction, where you sell one property and use the proceeds to buy another, is generally not applicable in the context of divorce proceedings for HDB flats. Here’s why:

- Sale Proceeds Distribution: When an HDB flat is sold due to divorce, the sale proceeds are distributed according to a specific order of priority, which includes paying off any outstanding HDB loan, HDB resale levy, CPF refunds, and other costs before any balance is divided between the parties.
- Eligibility and Approval: Any transfer or sale of an HDB flat must comply with HDB's rules and require HDB's approval. This includes ensuring that the buyer or the party taking over the flat meets HDB's eligibility criteria.

In your scenario, if you are serving as the seller (your wife) for the unit at Potong Pasir, you would need to follow the court's decision or the agreed terms on how to handle the flat. A contra transaction is not a standard procedure in this context, as the primary focus is on dividing the matrimonial assets according to the court's guidelines or the agreed terms between the spouses.