Claims on Property
Article By: PracticeForte Advisory Affiliate Ong Ying Ping
Q: If a married couple with no children were co-owners of an HDB flat and one spouse passes on, how should the family members of the deceased spouse go about laying claim to the flat against the surviving spouse? Can they even do that?
A: That depends on whether the HDB flat was owned under joint tenancy or tenancy-in-common. Under joint tenancy, each co-owner’s share is undivided. Put another way, that owner’s share cannot be willed away. Thus, should one of the co-owners pass on, his/her interest in the flat would automatically be passed on to (lawyers call this “vested in”) the surviving co-owner. This is known as the right of survivorship.
On the other hand, under tenancy-in-common, the right of survivorship does not apply. When a co-owner passes on, his/her interest in the flat will be distributed according to what is stated in his/her Will. In the absence of a Will, the state steps in, and the deceased co-owner’s interest in the flat will be distributed to the beneficiaries in accordance with the Intestate Succession Act.
Therefore, depending on the nature of the tenancy, the family members of the deceased co-owner may or may not be able to register co-ownership of the HDB flat. Situations like these also highlight the importance of creating a Will. While one is still alive and of sound mind, it would be wise to consult a lawyer to do so.
Author Ong Ying Ping
- My Story As A New Mum & Young Lawyer
- The Biased Mediator
- Key Amendments to the Women’s Charter – Part 2 Enforcement of Orders Relating to Children and Other Amendments –
- Key Amendments to the Women’s Charter – Part 1 Divorce By Mutual Agreement-and Related Amendments
- Pros & Cons of Online Mediation (Part 2)
- Pros & Cons of Online Mediation (Part 1)
- Internationale Entwicklungen zur Vollstreckbarkeit von Mediationsvereinbarungen
- MACO -Lawyering as a Service (LaaS)?
- Therapeutic Justice In Family Cases: The Psychologist, Part 7
- Body and Mind In Conflicts
- Therapeutic Resolution Outside the Courts Pre-Writ PART 1
- The Life Cycle of A Start-Up: From Cradle to Grave (Part 2)
- Therapeutic Justice In Family Cases: The Neutral Evaluator, Part 6
- The Road to Second Parent Adoption – Aided by the EU-ASEAN Connect
- Therapeutic Justice in Family Cases: The Mediation Advocate (Part 5)
- UZN v UZM – Dissipation of Assets and Adverse Inference– A Lawyer’s Perspective Part 2
- UZN v UZM – Dissipation of Assets and Adverse Inference: A Lawyer’s Perspective Part 1 Rationale Behind Division of Matrimonial Assets
- UZN vs UZM: Undisclosed Assets and Adverse Inference- A Forensic Accountant’s Perspective
- The Life Cycle Of A Start-Up: From Cradle To Grave (Part 1)
- Therapeutic Justice in Family Cases –The Mediator (Part 4)
- Therapeutic Justice in Family Cases – The Accountant (Part 3)
- Therapeutic Justice in Family Cases – The Lawyer (Part 2)
- Therapeutic Justice in Family Cases (Part 1)
- “No one is Above The Law- Probation Sentencing Guidelines in the Case of PP v Terence Siow Kai Yuan”
- “COVID-19 Temporary Measures Act- Navigating Temporary Relief With A Peace Approach: Part 1”
- Working from Home – 5 Doable Steps to Protecting Confidential Data
- Working Remotely – What Do I Need to Do?
- Adopting Work-From-Home For Your Company? These Singapore Government Grants Can Help
- Managing your children well during the “circuit -breaker” period.
- CCB Time Capsule
- Covid, Co-Parenting? Just Cooperate
- PF Mediate – MEDIATION FOR HAGUE CONVENTION & RELOCATION CASES PART 2 – Travelling Mediators
- Collaborative Divorce
- An interview with PF’s Co-Founder Susan Tay
- Are Parents Always Liable for Their Children’s Maintenance?
- A Thankful Attendee of the Cross-Border Mediation Masterclass
- Recognition of Foreign Divorce In The Philippines: What You Need To Know
- Adopting the peace approach to avoid unnecessary litigation: The Case of Goh Rosaline v Goh Lian Chyu and another
- Adopting the Peace Approach in the interest of the Child
- Litigation & Mediation: The Hybrid Method
- Cyber law in Singapore: A Quick Overview (Part 1)
- Protection from Online Falsehood and Manipulation Act 2019: What is its impact on legitimate businesses?
- Collaborative Practice
- Mediation and Civil Disputes
- Caught Between The Devil And The Deep Blue Sea
- Breaking down a marriage: How can it be done?
- The ABCs of Trusts
Please note that the topics of discussion on this website are prepared for the purposes of general information only. They do not constitute legal advice. No information presented on this website, or communicated to our through the website is intended to create a lawyer-client relationship. Therefore you are strongly encouraged to seek legal counsel for appropriate advise,