A Fight Over The Sale Of An HDB Flat: 3 Interesting Takeaways From A Co-ownership Tussle

Get The Property Insights Serious Buyers Read First: Join 50,000+ readers who rely on our weekly breakdowns of Singapore’s property market.

A seasoned content strategist with over 17 years in the real estate and financial journalism sectors, Ryan has built a reputation for transforming complex industry jargon into accessible knowledge. With a track record of writing and editing for leading financial platforms and publications, Ryan's expertise has been recognised across various media outlets. His role as a former content editor for 99.co and a co-host for CNA 938's Open House programme underscores his commitment to providing valuable insights into the property market.
In recent news, we’ve heard of the struggle between a widow and her brother-in-law, over an HDB flat. Her husband had left his portion of the flat to her (30 per cent) after passing on. Her brother-in-law (who owned the remaining 70 per cent), however, argued that she shouldn’t have sole control over the sale, given her minority share. This led to a ruling that the brother-in-law would have first right of refusal. Here’s a look at what happened, and how it may matter to you:
Ending up a co-owner with someone besides your spouse
In the recent case, the widow’s late husband had willed his 30 per cent share in the HDB flat to his wife, thus making his spouse and brother co-owners. The widow wanted the flat to be sold, but wasn’t on good terms with her brother-in-law. There was a history of family violence against her, and she initially sought a personal protection order against him (which was discontinued after mediation) and she was also locked out of the flat at one point.

In the resulting legal case, the brother was granted first right of first refusal – he would have the opportunity to buy over her share of the flat, before it was sold to anyone else. In addition, the judge had the sale conducted by both parties instead of just one.
Here’s how it worked:
- There would be a moratorium period of six months, during which the brother-in-law could buy over the widow’s share of the flat at 30 per cent of the HDB valuation
- After six months, the flat can be sold on the open market, and the sale will be jointly conducted. Once either party receives an offer at market valuation or higher, they must sell the flat (with a 70/30 split of the proceeds)
- When the widow receives a valid offer, she must inform the brother-in-law within 48 hours. He then has first right of refusal to buy over her share of the flat, at 30 per cent of valuation or the third-party’s offer price, whichever is higher.
As such, the takeaway here is that the Court can compel the sale of the property in these instances; even if one party refuses to sell.
What about partitioning the property, or tenancy-in-common?
If you have tenancy-in-common as your manner of holding, an alternative is to ask for the property to be partitioned. If the co-owner(s) agree, you can divide up the house in a way that allows you to sell only your portion of the property. The other co-owner(s) continue to retain their share after you sell.
The problem is there’s no guarantee that this is practical, or that the co-owner(s) will agree. In the above case, for instance, it wouldn’t be feasible to partition an HDB flat to sell it. Almost no one will want to buy part of an HDB flat and co-own it with a stranger. A whole condo block or a large bungalow, possibly, but definitely not a flat.
It’s also impossible because there are land plot requirements – the land plot of the partitioned-off area would need to meet URA’s minimum sizes.
More from Stacked
We Make $300k Per Year And Own An EC. Should We Sell And Buy 2 Condos?
Greetings to the Stackedhomes team!
As such, most such disputes end up with a co-owner seeking a court order to compel the sale.
These situations can be uncomfortable for realtors
Hopefully, both sides are now amicable to the resolution. One concern over these types of sales is that the process can be tense – if both sides don’t get along this can also become a headache for the property agent (which is why cases such as this might find it hard to get an agent to want to take on).
There may be further disputes to smooth over, such as if one party prefers another realtor, or doesn’t agree with the realtor’s advice. As both co-owners are jointly conducting the sale, they have equal input on the eventual decision.
Added note: en-bloc sales and co-owners
A tangential question to all this is what happens, if an en-bloc sale happens and co-owners can’t agree. The answer is that both parties have to agree to en-bloc; otherwise, they count as voting against it.
This is important to bear in mind when co-investing in older properties. You and your co-owners should agree, well beforehand, on what your course of action will be if an en-bloc sale comes along.
Editor’s Note: The above was removed as it only applies to private residential properties, not HDB.

Property Market CommentaryChuan Park En Bloc Saga: 4 Key Lessons To Learn For Future En Bloc Hopefuls
by Ryan JTakeaways from this case
The first is to consider whether divvying up your property, such as through a tenancy-in-common, is truly practical. As we’ve stated above, even being able to partition the property isn’t as great an option as it sounds – and you need to consider if your spouse or surviving co-owner will be comfortable holding the property with a third party.

The second is to consider if willing percentages of your home to various family members is ideal. If no one is in dire need of a place to stay (e.g., your spouse will be provided for, and all your children have homes of their own), it may be better to just will the property be sold and the proceeds divided up. This could prevent some potential disputes from surfacing.
Also keep in mind that some family members – such as those who are below 35 – may not qualify to own your flat or any portion of it, if you pass on sooner than expected.
The third takeaway is for those who already know a percentage of the property will go to someone else.
The case above is not atypical – it’s common for the Court to grant the right of first refusal to a co-owner, thus giving you the opportunity to buy before others. But note that a time limit is involved (in this case, six months).
So if you’re dead set on keeping the property, you may want to start saving and ensure you can buy over the remaining shares. Keep in mind that banks may be reluctant to grant loans under such circumstances.
For more news and happenings in the Singapore property market, follow us on Stacked. We’ll also provide you with in-depth reviews of new and resale projects alike.
If you’d like to get in touch for a more in-depth consultation, you can do so here.
Ryan J
A seasoned content strategist with over 17 years in the real estate and financial journalism sectors, Ryan has built a reputation for transforming complex industry jargon into accessible knowledge. With a track record of writing and editing for leading financial platforms and publications, Ryan's expertise has been recognised across various media outlets. His role as a former content editor for 99.co and a co-host for CNA 938's Open House programme underscores his commitment to providing valuable insights into the property market.Read next from Property Market Commentary

Property Market Commentary 4 Condo Layouts And Features Buyers Are Moving Away From in 2025

Property Market Commentary 10 Most Affordable New Launch Condos Under $1.5 Million—Some Are Surprisingly Central

Property Market Commentary Why I Might Still Pay $1 Million For A 50-Year-Old HDB—Even If Everyone Says It’s A Bad Buy

Property Market Commentary Singapore’s Most Expensive Neighbourhoods Are Changing—4 Buyer Trends That Prove It In 2025
Latest Posts

New Launch Condo Analysis Springleaf Residence Pricing Review: How It Compares To Nearby Resale And New Launches

New Launch Condo Reviews Springleaf Residence Review: A 941 Mega-Development Near The MRT From $1,995 Psf

Editor's Pick Summer Suites Condo Review: A Freehold Johor Bahru Condo Near The RTS Link

Pro New Launch vs Resale Condos in District 9: Which Bedroom Types Offer Better Value Today?

Editor's Pick Over 900 Units Sold in One Weekend: The Surprising Lessons From River Green, Promenade Peak & Canberra Crescent

Singapore Property News Is Property Decoupling To Avoid ABSD Now Illegal?

Editor's Pick I Visited Freehold Terraces, Semi-Ds, and Detached Homes in the East Ranging from $2.5 Million to $11 Million

Singapore Property News How Condo Buying In Singapore Became A Game Of Luck

Editor's Pick Springleaf Residence Launches From $878K — Is This 941-Unit Mega Development Worth It?

On The Market 5 Spacious 3-Bedroom Condos That Cost Less Than You’d Expect (Under $2M)

Singapore Property News Is Your HDB or Condo at Risk of a Sinkhole? 5 Signs to Watch Out For

New Launch Condo Analysis Canberra Crescent Residences Pricing Breakdown: A Price Comparison With Nearby Condos

Editor's Pick A New River Valley Condo From Just $1.2M? Here’s What You Need To Know About River Green’s Pricing

Singapore Property News This 3-Room Flat in Toa Payoh Just Sold for $920K — Here’s What The Seller Could Have Made

Editor's Pick We Found Freehold Landed Homes From $4 Million In The East—But Would You Live Here?
