Arrangement of Public Housing after Divorce

Arrangement of Public Housing after Divorce

Generally, the court will grant the party with the right of custody of the children of the family and in the case of joint custody, the parent with care and control, the right to stay in their existing public housing unit. The other party can apply for a separate public housing unit or a transitional unit if they satisfy the eligibility test of the Housing Authority.

Applicants must pass an eligibility test if they require an extra unit. In case the party without the custody is not eligible to apply for an extra unit, he may apply a transitional public housing. Moreover, a party may be eligible to a temporary unit before after filing of a divorce case if there is domestic violence, subject to the discretion of the Director of Housing Authority under s.4(1) Housing Ordinance (Cap.283).

The decision whether to grant an extra or temporary unit is subject to the Housing Authority’s discretion, which has been confirmed by the court in Chan Yeuk Ming v Hong Kong Housing Authority [2012] HKCU 1835. It held that it was not an inequality treatment according to Articles 25 and 36 of the Basic Law to require divorcees to comply with the eligibility subject to wait for an extra unit of public housing. Therefore, the court upheld the socio-economic policy concerns of the Housing Authority concerning divorcees.

Please feel free to contact us at 69776708 for Mr Lam or make an appointment.

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