- In general, the Housing Department does not ask either spouse to move out while the household is separated.
- If the divorcing couple cannot agree on the public housing tenancy, the Housing Department will normally support transferring the tenancy to the spouse who meets the set conditions.
- To be allocated separate public housing flats, both divorcing spouses must pass the “Comprehensive Means Test” and meet the “Domestic Property Ownership Test”.
- On the Social Welfare Department’s recommendation, the Housing Department will use the “Conditional Tenancy” quota to arrange temporary accommodation in another public housing flat for the spouse who has minor children and urgently needs a home.
Because applying for public housing on divorce is complicated, the Housing Department (“the Department”) handles such cases flexibly, case by case and on a common-sense basis.
The information in the sections below is for general reference only.
During separation, and tenancy transfers that need no extra public housing resources
In general, the Housing Department does not ask either spouse to move out while the household is separated, because that would only add pressure on a family in marital crisis and rule out any chance of reconciliation.
When the divorce proceedings are over, the tenant and/or the former spouse should contact their estate office. Housing Department staff will explain the tenancy management policy to the divorcing person in an interview.
In a divorce case that needs no extra public housing resources, if the couple cannot reach agreement on the tenancy, the Housing Department will normally support transferring the tenancy to:
- The spouse who is granted custody of all the children (if there are no other authorised occupants on the tenancy); or
- The spouse who has all the authorised occupants (such as adult children, parents and in-laws); or
- (In a joint custody case) the spouse the court orders to live with the children to look after their daily lives (if applicable).
A single spouse who is not granted custody of the children after the divorce, or whom no authorised occupant on the household record chooses to live with, must move out of the public housing flat. However, they can apply for the following arrangements:
- If they cannot find a home elsewhere and meet the eligibility for interim housing (including conditions on income, assets and not owning domestic property), they can apply for a one-person unit in interim housing in the New Territories; and
- They can apply for public housing through single-applicant registration and may get a shorter waiting time, reduced by the length of the former tenancy, up to a maximum of three years.
More tips on the divorce procedure:
- How do I apply for a divorce?
- Divorce mediation in Hong Kong: the process and its benefits
- Why hire a solicitor for your divorce: the benefits and why it matters
Cannot agree on the public housing tenancy?
Get in touch, and a dedicated consultant will first understand your situation.
Public housing divorce cases: each spouse allocated a separate flat
If one of the following applies, and both divorcing spouses (each declaring separately) meet the conditions below, the Housing Department will consider allocating a separate public housing flat to each:
- Each divorced spouse has been granted custody of one or more children; or
- Each has one or more authorised occupants on the household record (such as adult children, parents and in-laws) who choose to live with them.
The conditions both spouses must meet:
- The “Comprehensive Means Test”: the household (that is, the group who will live together if the application is approved) has income and assets within the public housing application limits; and
- The “Domestic Property Ownership Test”: no member of the household owns any domestic property in Hong Kong.
They may also choose to use Green Form status (valid for one year) to apply to buy a home under the various Subsidised Home Ownership schemes, instead of accepting a public housing allocation.
Once each has been allocated a flat, whatever the length of time they have lived in public housing, both must declare household income and assets once every two years under the “Well-off Tenants Policies” (note).
The declaration includes whether you own domestic property in Hong Kong, to decide whether you can keep renting public housing and the level of rent you pay.
Note: for a first declaration, or a period of less than 2 years.
Divorce cases not eligible for extra public housing resources
A spouse who fails the “Comprehensive Means Test” or does not meet the “Domestic Property Ownership Test” must move out of the public housing flat.
Please note
- If the spouse who owns no property fails the “Comprehensive Means Test”, they can apply to stay temporarily in interim housing in the New Territories, for no more than one year (during which they must pay the market-rent fee for a temporary occupation permit).
- If neither spouse meets the conditions, they can withdraw the application for separate public housing flats and must sort out their own housing.
Divorce of co-tenants or authorised occupants in public housing
The policy on “housing arrangements for public housing households after divorce” does not apply to co-tenants or authorised occupants (such as a child on the household record and their spouse). Those families must sort out their own housing.
The tenant’s right to the tenancy should not be taken away because an authorised occupant divorces. Usually, a divorcing person with no direct relationship to the tenant (such as an in-law) must move out of the flat and be removed from the household record.
Failed the Comprehensive Means Test?
Feel free to check your situation with us.
The “Conditional Tenancy” scheme for public housing on divorce
On the Social Welfare Department’s recommendation, the Housing Department arranges temporary accommodation in another public housing flat, from the Conditional Tenancy quota under compassionate rehousing, for the spouse in urgent need of a home.
This arrangement applies where the divorce proceedings take a long time, and during the divorce the spouse who has minor children urgently needs a home.
From 29 November 2001, the Conditional Tenancy policy was widened to cover the following categories of domestic violence victims who have filed a divorce petition:
- A spouse with no children; and
- A spouse who has left the matrimonial home without taking “dependent children”.
However, these two categories must still be assessed and recommended by the Social Welfare Department, which must confirm that they truly need housing and urgently need help, before the Housing Department grants them a “Conditional Tenancy”.
When the divorce proceedings are over, a person on a Conditional Tenancy must meet the following requirements to convert it to a normal tenancy:
- Pass the “Comprehensive Means Test”, with income and asset limits set at the public housing application level;
- Meet the requirements of the “Domestic Property Ownership Test”;
- Obtain custody of the minor children.
Please note
- A person on a Conditional Tenancy who does not meet these requirements must return the flat.
- However, if they are still eligible for “compassionate rehousing”, the Housing Department will grant the flat let under the Conditional Tenancy on a normal tenancy.
- Find out more: 1637046921279 b08 Housing arrangements for public housing households after divorce (PDF)
Can a “Conditional Tenancy” become a normal tenancy?
If in doubt, feel free to contact our dedicated consultants.
