Husband denied share of flat after divorce

[princess_morbucks]

http://www.divaasia.com/article/26932

A man who left his wife 19 years ago has filed for divorce, but will not get a cent from their flat.
The High Court, in decision grounds released on Monday, dismissed Mr Andrew Sim's claim for an equal share of the $400,000 Housing Board flat, finding that his spouse Wee Siew Gee's indirect contributions to the family outweighed any share he would have got.
Judicial Commissioner George Wei ruled it was the "just and equitable" thing to do, under the circumstances, and affirming the decision of the family court where the case was first heard.
He made clear in a 74-page judgment that "the division of matrimonial assets must not be reduced to a mathematical exercise of addition, subtraction and percentage. A holistic approach must be taken". The decision was based on the unique circumstances of a long marriage and the court found it fair for Madam Wee to keep the flat without having to reimburse any sum to her husband.
Mr Sim, a 63-year-old cabby, and Madam Wee, 62, were married for 39 years but lived apart after he left the Tampines family home in 1993. They have a daughter now aged 37.
When he took steps to divorce her last year, the issue of dealing with their joint asset and maintenance came up for a decision.
District Judge Sowaran Singh ruled in June the flat was to be handed over to Madam Wee and with no order as to maintenance. The judge also ruled there would be no refund of his CPF monies used in buying the flat, about nine times that of her CPF contribution. On appeal, Mr Sim, through lawyer Tan Siew Kim, argued he took care of all major household and family expenses in the 20 years before he left, even after he was made bankrupt in 1984.
But the court found the evidence of Madam Wee, defended by lawyer Thian Wen Yi, to be more credible. Mr Sim had been a bankrupt for about 15 years and showed no documentary evidence of his contributions to the flat renovations or household expenses. After he left, he provided no financial support to the family.
The court accepted that he "occasionally" contributed towards some household expenses, but Madam Wee's share towards renovations, homemaking, parenting and household expenses were were "far higher" and "far more significant" than Mr Sim's.
It emerged that he left in 1993 after an altercation which led to a police report, had gambling debts and served jail time in 1983 for cheating. The family helped pay off some of his debts.
Judicial commissioner Wei said a clean break was in the best interest of the parties.
Asked why he waited for 19 years before filing for divorce, his lawyer Ms Tan said he "wanted his wife and daughter to have the comfort of home to live in".
Mr Wee did not file even when his daughter got married in 2010.
"It was only after his wife moved to their daughter's home that he realised she no longer needed the home and decided to file for divorce. He is now a virtual destitute, having lost the case."

[leesg123]

He thought he could strike jackpot

[hopeful]

He thought he could strike jackpot

why you say him like that?
he was being kindhearted, let the ex-wife stay rent free and that's what he get in return.

The take home lesson is this:
so guys, when you leave home, apply for divorce straight away. Sell the HDB and private property to make a clean break of the assets. A small loss is better than a 100% loss.

very much open to intepretation on what is just and equitable le.
i have read a few legal cases where an illiterate / semi-blind women signed away their rights as property owners, and yet the judge maintained that women have signed it away and the sale of property were legal. The judge maintained that although "not just and equitable", it is still the law.

[hopeful]

http://www.divaasia.com/article/26932
....
District Judge Sowaran Singh ruled in June the flat was to be handed over to Madam Wee and with no order as to maintenance. The judge also ruled there would be no refund of his CPF monies used in buying the flat, about nine times that of her CPF contribution....

If the wife sell the flat, the sale proceeds all goes to her less her CPF contribution only?
So no need to deduct the guy's CPF contribution from the sales proceeds?

like that it is like taking money early out of CPF.

and how can guy repay back to the CPF? He owed the CPF the original sum + many years accrued.

[Shoeboxsupporter]

why you say him like that?
he was being kindhearted, let the ex-wife stay rent free and that's what he get in return.

The take home lesson is this:
so guys, when you leave home, apply for divorce straight away. Sell the HDB and private property to make a clean break of the assets. A small loss is better than a 100% loss.

very much open to intepretation on what is just and equitable le.
i have read a few legal cases where an illiterate / semi-blind women signed away their rights as property owners, and yet the judge maintained that women have signed it away and the sale of property were legal. The judge maintained that although "not just and equitable", it is still the law.

How can you claim a person who leave the family to be kindhearted ?
Heartless Judge will not based on Just and Equitable. However, our society should not conform to this........

[RCT]

How can you claim a person who leave the family to be kindhearted ?
Heartless Judge will not based on Just and Equitable. However, our society should not conform to this........

Yes... Agree... He is an insult to all men.... Go and fight asset with ex-wife... As a man, go and earn

[princess_morbucks]

I know of a fren who is divorced and still servicing a loan to HDB.
Apparently, she had to pay the amount her ex husband used from his CPF to pay for the HDB flat, before she could remove his name from the flat.

[玉格格]

why you say him like that?
he was being kindhearted, let the ex-wife stay rent free and that's what he get in return.

u r mistaken.
he left home without a divorce. in substance, he had abandon his family. so how can u say he left his ex-wife stay for free where his wife is still legally his spouse till the day he divorce her?
he is certainly not being kind-hearted. most probably he wanna encash the flat, else he wun return.

The take home lesson is this:
so guys, when you leave home, apply for divorce straight away. Sell the HDB and private property to make a clean break of the assets. A small loss is better than a 100% loss.

so troublesome. marry tat time dun buy hdb, juz buy pte. each buy their own. can choose to stay in one of the ppty. when divorced tat time oni nid to split the children

[玉格格]

I know of a fren who is divorced and still servicing a loan to HDB.
Apparently, she had to pay the amount her ex husband used from his CPF to pay for the HDB flat, before she could remove his name from the flat.

tink nid to return the amt the husband used cpf to pay.

my cousin de husband run road too, abandoning my cousin n their children. my cousin applied for a divorce recently. court din spilt the sale 1/2 though. not sure who paid for the house (I believe is the husband solely cos most of the time my cousin is a housewife) but understand tat she got a larger share.

[hopeful]

........................

[princess_morbucks]

If the wife sell the flat, the sale proceeds all goes to her less her CPF contribution only?
So no need to deduct the guy's CPF contribution from the sales proceeds?

like that it is like taking money early out of CPF.

and how can guy repay back to the CPF? He owed the CPF the original sum + many years accrued.

Usually it would be necessary to refund the amount taken from the CPF OA which was used to pay for the flat.
But I think in this case, it is because of his age - he is already 63 years old.

Refer to this website :

http://mycpf.cpf.gov.sg/CPF/my-cpf/buy-house/BH11.htm

"If you are aged 55 and above when you sell your flat, the CPF refunds will be used to top up your Retirement Account up to your cohort Minimum Sum and your Medisave Account up to the prevailing Medisave Required Amount. "

[thomastansb]

If he is being kind hearted, he wouldn't have gone into gambling, he wouldn't have gone into cheating and even when he come out of prison and wanted to make up for the family, he could have provided them with money. The truth is out there for us to judge - he isn't (and wasn't) kind.

why you say him like that?
he was being kindhearted, let the ex-wife stay rent free and that's what he get in return.

The take home lesson is this:
so guys, when you leave home, apply for divorce straight away. Sell the HDB and private property to make a clean break of the assets. A small loss is better than a 100% loss.

very much open to intepretation on what is just and equitable le.
i have read a few legal cases where an illiterate / semi-blind women signed away their rights as property owners, and yet the judge maintained that women have signed it away and the sale of property were legal. The judge maintained that although "not just and equitable", it is still the law.

[thomastansb]

He don't even deserve a cent. He deserved it - totally..

Usually it would be necessary to refund the amount taken from the CPF OA which was used to pay for the flat.
But I think in this case, it is because of his age - he is already 63 years old.

Refer to this website :

http://mycpf.cpf.gov.sg/CPF/my-cpf/buy-house/BH11.htm

"If you are aged 55 and above when you sell your flat, the CPF refunds will be used to top up your Retirement Account up to your cohort Minimum Sum and your Medisave Account up to the prevailing Medisave Required Amount. "

[hopeful]

when we hear of divorce cases, looks like public opinion is already against the man.

[玉格格]

If he is being kind hearted, he wouldn't have gone into gambling, he wouldn't have gone into cheating and even when he come out of prison and wanted to make up for the family, he could have provided them with money. The truth is out there for us to judge - he isn't (and wasn't) kind.

those who divorced/hv extramarital affairs still not as jialat as those who abandon the family, den many yrs later finished spending all his money liao/money being cheated den guai guai crawl back home to "turn over a new leaf"

[hopeful]

Usually it would be necessary to refund the amount taken from the CPF OA which was used to pay for the flat.
But I think in this case, it is because of his age - he is already 63 years old.

Refer to this website :

http://mycpf.cpf.gov.sg/CPF/my-cpf/buy-house/BH11.htm

"If you are aged 55 and above when you sell your flat, the CPF refunds will be used to top up your Retirement Account up to your cohort Minimum Sum and your Medisave Account up to the prevailing Medisave Required Amount. "

maybe using figures easier to understand:
Initially (H)usband & (W)ife has CPF $50k each.
H & W buy HDB each contribute $16k via CPF to buy for $X.
after divorce, judge say no refund of H's CPF monies.

sell HDB for $Y.

after selling HDB, what does H & W get? What is H & W owing to CPF?

a)
H have 50-16 = $34k left. still owe CPF $16k accrued.
W received cash X-Y-16. $16k goes back to CPF. no more CPF accrued.

b)
H have 50-16 = $34. no more accrued to CPF.
W received cash X-Y-16-16. $16k goes back to her CPF and $16k to pay back H's CPF.

[irisng]

My friend's husband, left my friend and their 3 young children on the 1st day of CNY with a PRC. In fact, she knew that her husband has someone outside but just kept quiet in order to hold on to the family but never expect that without any sign, she woke up in the morning and realized that her husband was gone. When she was young, she had 2 choices, one was an handsome, tall and fair educated S'porean man with good stable white collar job and the other one was a Malaysian selling vegetables in the market, very dark, not handsome. But I think it could be due to the strictness of the family background of her 1st boyfriend that she could not take it, everything also have rules and regulations at home, so she chose the 2nd one. So young ladies, if you are given such a choice, choose carefully. I think all these are fated wan leh.

[玉格格]

My friend's husband, left my friend and their 3 young children on the 1st day of CNY with a PRC. Without any sign, she woke up in the morning and realized that her husband was gone. When she was young, she had 2 choices, one was an handsome, tall and fair educated S'porean man with good stable white collar job and the other one was a Malaysian selling vegetables in the market, very dark, not handsome. But I think it could be due to the strictness of the family background of her 1st boyfriend that she could not take it, everything also have rules and regulations at home, so she chose the 2nd one. So young ladies, if you are given such a choice, choose carefully. I think all these are fated wan leh.

aiya, marriage tis kinda thing where got guarantee one? if got, I will make sure Im heavily insured b4 I even marry!

and when a marriage failed, u cant juz blame 1 party, the "victim" has some responsibility for the spouse's infidelity as well.

I suppose as a woman, since u cant prevent a failed marriage, I would rather she be independent.
dun ever rely on a man simply becos he can provide. when he leaves, u lose everything.

[princess_morbucks]

and when a marriage failed, u cant juz blame 1 party, the "victim" has some responsibility for the spouse's infidelity as well.

OMG!
No spouse should be responsible for the other's infidelity!

No matter how bad the spouse is, infidelity of the other half is inexcusable!!!!

[irisng]

and when a marriage failed, u cant juz blame 1 party, the "victim" has some responsibility for the spouse's infidelity as well.

That I agree, it needs both hands to clap. But why is it that most of the times is the man has extramarital affair leh. Men always have excuses, say my wife this and my wife that, then there will be reasons for them to go out and 'wu kao'. Sorry, I'm not referring to all the men, of course there are men who are also very responsible and sensible type, never get himself involve with another lady although they find their wives at times very unreasonable.

[玉格格]

OMG!
No spouse should be responsible for the other's infidelity!

No matter how bad the spouse is, infidelity of the other half is inexcusable!!!!

if spouse A cheated, spouse A is wrong. but does tat mean spouse B is without any fault/responsibility?

[玉格格]

That I agree, it needs both hands to clap. But why is it that most of the times is the man has extramarital affair leh. Men always have excuses, say my wife this and my wife that, then there will be reasons for them to go out and 'wu kao'. Sorry, I'm not referring to all the men, of course there are men who are also very responsible and sensible type, never get himself involve with another lady although they find their wives at times very unreasonable.

I hv heard of numerous stories of women who cheated too ...
perhaps the % of men who stray is higher as compared to women cos there is more temptation?
eg if a men is loaded, there will be tonnes of young vixen waiting to bait him, but I hear lesser of small white face baiting for rich ladies, haha

if u love yr spouse very much, less likely to stray bah ...

actually the thought of facing a person for the rest of yr life can be quite frightening if u dun love the person

[玉格格]

ask u all a qn.
if say one day u discovered tat yr spouse has cheated (either hv a lover or another family outside) but din leave u & yr children, will u initate a divorce?

[irisng]

I hv heard of numerous stories of women who cheated too ...
perhaps the % of men who stray is higher as compared to women cos there is more temptation?
eg if a men is loaded, there will be tonnes of young vixen waiting to bait him, but I hear lesser of small white face baiting for rich ladies, haha

In this case, it will be the lonely rich women bait the young white face , haha, I think I watch too many dramas already.

if u love yr spouse very much, less likely to stray bah ...

actually the thought of facing a person for the rest of yr life can be quite frightening if u dun love the person

Is true also but one of my friends can do that, I really salute to her. Her husband is not rich but still have 'outside' lady likes him leh. Her husband wanted to divorce with her but after checking with the lawyer, he changed his mind, so now, he treats their home like hotel and his wife, that's my friend like his maid. After staying outside for few days, came back with dirty clothing and then just threw them in the toilet for his wife to wash. Need to serve him with rice if he is at home. They never talk to each other, if there is anything needed, it goes thru their sons. Is actually very tough for my friend, so now she thought of applying another flat with her sons, but cannot right? unless they are divorced.

[irisng]

ask u all a qn.
if say one day u discovered tat yr spouse has cheated (either hv a lover or another family outside) but din leave u & yr children, will u initate a divorce?

Actually I don't know what will I do if this really happens to me also. But now what I can say is if he still take care of my family and my children, spend more time with us, I can just close one eye but this is my current thinking only, if really happens, don't know whether my current thinking still valid or not. but most likely, I will not ask for divorce unless I have found another one.. I mean if I'm still young lah. If on the selfish side, why want to 便宜 the other side, hold on to it lah.

[玉格格]

In this case, it will be the lonely rich women bait the young white face , haha, I think I watch too many dramas already.



Is true also but one of my friends can do that, I really salute to her. Her husband is not rich but still have 'outside' lady likes him leh. Her husband wanted to divorce with her but after checking with the lawyer, he changed his mind, so now, he treats their home like hotel and his wife, that's my friend like his maid. After staying outside for few days, came back with dirty clothing and then just threw them in the toilet for his wife to wash. Need to serve him with rice if he is at home. They never talk to each other, if there is anything needed, it goes thru their sons. Is actually very tough for my friend, so now she thought of applying another flat with her sons, but cannot right? unless they are divorced.

some men hv a way wif women, even though they arent young, rich or handsome.

how come yr fwen dun wan to apply for a divorce on her part leh?

[princess_morbucks]

ask u all a qn.
if say one day u discovered tat yr spouse has cheated (either hv a lover or another family outside) but din leave u & yr children, will u initate a divorce?

Depends.......
If my spouse depends on me financially, then divorce.
If my spouse is a rich tycoon, then I would have expected it out of him.

[irisng]

some men hv a way wif women, even though they arent young, rich or handsome.

how come yr fwen dun wan to apply for a divorce on her part leh?

I think partly because of the law, if the wife initiates it, she won't get any compensation/allowance but if her husband initiates it, then he has to pay some compensation or allowance to his wife and support the children till they reach a certain age, that's why he also withdraw. Secondly, her children was still young, though she never talk to her husband but her husband still cares for the children and helped up with some of the manual work at home eg electrical etc. 要孩子不要老婆.

[onglai]

when we hear of divorce cases, looks like public opinion is already against the man.

watever it is, the judge decision is not based on public opinion.

but i oso think his man is a chow guniang. run road n let the wife bear the debt.
now come back n fight with the wife for the flat.

this kind of man, deserve nothin in life!

[Cupcakes]

that's why sg woman go for ang moh?