11/08/2026
"We Put It Under Our Children's Names." Think That Protects Your Property During Divorce? Think Again.
Many Singaporeans believe there is a simple way to protect their assets.
Buy properties under your children's names.
Use them as trustees.
Or structure ownership through the family.
Then, if divorce happens, the assets are "safe".
A recent Singapore High Court decision shows it is not that simple.
The court ruled that three properties legally co-owned by the couple's children could still be considered when dividing matrimonial assets, because the court looks beyond legal title to determine who truly funded and controlled the assets. The legal ownership structure alone does not necessarily prevent the court from examining the beneficial interest in those properties.
Why this case matters
Many affluent families purchase properties under trust structures for legitimate estate planning, succession planning or family wealth preservation.
However, if the assets are effectively controlled, funded or intended to benefit the spouses, the Family Justice Courts may look at the economic reality rather than just the names on the title.
The bigger lesson
Many people plan for taxes.
Many people plan for inheritance.
Very few plan for divorce.
The law is increasingly looking at substance over form.
Simply changing whose name appears on a property does not automatically determine how it will be treated in matrimonial proceedings.
For property owners, family offices and business owners, this case is a reminder that ownership structures should be established for genuine legal and commercial reasons, not on the assumption that they will automatically shield assets in every dispute.
Sometimes the biggest risk isn't the property.
It's believing a structure offers protection when it may not.
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