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Mortgage Separation Agreement Template for Singapore

A Mortgage Separation Agreement in Singapore is a legal document that outlines how mortgage obligations will be handled when co-borrowers separate. It complies with Singapore's property laws, banking regulations, and where applicable, HDB rules. The agreement details the division of mortgage responsibilities, property ownership arrangements, and may include provisions for CPF refunds and future property disposition. It must adhere to the Women's Charter for matrimonial cases and relevant MAS guidelines for mortgage restructuring.

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What is a Mortgage Separation Agreement?

The Mortgage Separation Agreement is essential when co-borrowers in Singapore need to formally separate their mortgage obligations. This document becomes necessary during divorce proceedings, relationship breakdowns, or when joint property owners decide to separate their interests. The agreement specifically addresses how the existing mortgage will be managed, including payment responsibilities, property ownership, and compliance with Singapore's banking and property regulations. It must consider CPF usage, HDB rules if applicable, and ensure all arrangements comply with MAS guidelines and local property laws.

What sections should be included in a Mortgage Separation Agreement?

1. Parties: Identification and details of all parties involved in the agreement

2. Background: Context of the separation and existing mortgage arrangements

3. Definitions: Key terms used throughout the agreement

4. Property Details: Specific details of the mortgaged property and title information

5. Current Mortgage Status: Details of existing mortgage, outstanding amount, and current terms

6. Division of Responsibilities: Agreement on how mortgage payments and obligations will be handled post-separation

7. Term and Termination: Duration of the agreement and conditions for termination

8. Governing Law: Specification of Singapore law as governing law and jurisdiction

What sections are optional to include in a Mortgage Separation Agreement?

1. CPF Usage: Details of CPF contributions and refunds when CPF funds were used for property purchase

2. HDB Specific Terms: Special conditions and requirements specific to HDB properties

3. Property Sale Provisions: Terms and conditions regarding potential future sale of the property

4. Insurance Requirements: Provisions regarding property and mortgage insurance obligations

5. Default and Remedies: Consequences and remedies in case of default by either party

What schedules should be included in a Mortgage Separation Agreement?

1. Schedule 1: Property Details: Detailed property information including title details and property description

2. Schedule 2: Mortgage Information: Current mortgage statement, payment history, and outstanding obligations

3. Schedule 3: CPF Statement: Statement of CPF usage for property and refund obligations

4. Appendix A: Payment Schedule: Agreed schedule of mortgage payments between parties including payment dates and amounts

5. Appendix B: Valuation Report: Current property valuation details and assessment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Singapore

Publisher

Ƶ

Document Type

Mortgage Agreement

Cost

Free to use

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