Section B: Estate Management and Rent Policy Chapter 9: Housing Arrangements for Divorced Couples in Public Rental Housing (PRH) Flats In view of the complexity of divorce matters, a common sense and flexible approach, taking individual circumstances into consideration, is always adopted by the Housing Department (HD). In general, HD will not take active step to secure removal of either party during their separation as this may only create burden to the family in crisis, and exclude the chance of reconciliation. Upon finalization of the divorce proceedings, tenant and/or his/her ex-spouse should approach local estate office. HD staff will explain relevant tenancy management policy to the divorcee(s) during interview. Information contained in ensuing paragraphs is for general reference purpose only. Divorce Cases Not Involving Additional PRH Resources If an agreement cannot be reached by the divorcees on the public housing tenancy, HD will generally favour the grant of the tenancy to-  (i) the party having the custody of all children (if there are no other authorized occupants in the tenancy); or  (ii)  the party comprising all authorized occupants (such as grown-up children, parents, in-laws etc.); or  (iii) (for joint custody cases) the party having the legal right to live with the offspring continuously and permanently (if applicable). The single party upon divorce should leave the PRH flat. In case of difficulties in finding accommodation, he/she may-  (i) apply for an interim housing unit in the New Territories subject to fulfillment of the eligibility criteria (including the criteria on income and asset limits and ownership of domestic properties); and  (ii) apply for PRH through the Single Person Waiting List and be given a credit of waiting time equivalent to the length of the former tenancy up to a maximum of 3 years. Divorce Cases Involving Additional PRH Resources If each divorcee has the custody of one or more children, or the tenancy consists of other relatives, separate housing units may be allocated to the divorced parties provided that both of them satisfy the following criteria (test separately)-  (i) Comprehensive means test (CMT), i.e. the household (family members who are going to live together if the application for additional housing unit is approved) income and asset do not exceed the Waiting List Income and Asset Limits; and   (ii) Domestic property test (DPT), i.e. during the period from the date of application up to the date of signing up a new tenancy for the additional flat allocated, all family members must not own any domestic property in Hong Kong. Alternatively, both or either party may apply for a Green Form Certificate (valid for one year) to purchase a flat under the subsidized home ownership schemes in lieu of the offer of a PRH. Upon allocation of separate PRH flats, both parties are required to declare their household income/assets every two years irrespective of their length of residence in PRH. Households paying normal or one and a half times net rent plus rates should declare their household income biennially, those paying double net rent plus rates should declare their household assets biennially; households with tenancies granted under the Policy on Grant of New Tenancy should continue to declare their household income and assets every two years. Divorce Cases Ineligible for Additional PRH Resources Any party who fails either the CMT or DPT will be required to move out from the PRH flat. For a non-property-owning party who fails the CMT, a one-year temporary stay in interim housing in the New Territories may be granted upon application (market licence fees will be charged during this period). In case both parties fail any of the tests, they may be allowed to withdraw their application for allocation of separate PRH flats and they should make their own accommodation arrangements. If required, they should approach Social Welfare Department (SWD) for appropriate assistance. Divorce between Authorized Occupants Tenant should not be deprived of the tenancy right because of the divorce between authorized occupants. Normally, the divorcee who is not directly related to the tenant (e.g. the in-laws) will be required to move out and be deleted from the tenancy. The departing party should approach the SWD for appropriate assistance, if required. Conditional Tenancy If the legal proceedings involved in the case are expected to be protracted ones and the aggrieved party with dependent children concerned has genuine and urgent need for a separate PRH unit, HD will, upon recommendation by the SWD, provide them with temporary accommodation in a PRH estate in the form of a conditional tenancy (CT) under the Compassionate Rehousing Category. With effect from 29.11.2001, the CT policy is extended to include the following persons who fall victims to domestic violence and have petitioned for divorce -  (i) spouses having no offspring; and   (ii) spouses bringing along no dependent children.  Nevertheless, CTs will only be offered to those with a genuine need upon the SWD's recommendation. Upon finalization of divorce proceedings, CT beneficiary is required to pass the CMT with income and asset limits pitched at the prevailing Waiting List levels, the DPT and to be granted the custody of dependent child(ren) before conversion of a CT into a normal tenancy. CT beneficiary who fails any of the conversion test(s) should surrender the PRH flat. Meanwhile, he/she may approach the SWD to see if he/she is still eligible for CR. For case with CR eligibility reaffirmed, a normal tenancy for the flat under existing CT will be granted. Enquiry This website, relevant leaflet and HA Hotline (2712 2712) provide general information only.  For details, local Estate Office or District Tenancy Management Office should be contacted.

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