Yahoo,
1) Your question on custody it automatically expired when
your brother hit 21yrs old.
http://www.lawsociety.org.sg/public/you_and_the_law/custody_and_maintenance.aspx
Period for custody or maintenance
Usually an order for custody or maintenance will automatically
expire or become ineffective after your child reaches his 21st
birthday or in the matter of the child's maintenance, when your
child is financially independent. Sometimes the Judge can order
maintenance for a specific period, even after your child reaches
his 21st birthday, such as until the completion of his tertiary
education.
However, if your child suffers from any physical or mental
disability, the custody and/or the care and control/access or
maintenance order may continue until he recovers from that
disability, even after he turns 21.
2) He is already 28 - custody already expired long time ago ,
so under the law or HDB or any damn thing - there is no way he can
include himself as a occupant of the new house - under the name of
your mum and you. The only thing he can do is bullshit or you
or your mum approve it.
3) Frankly you all don't have to give him a cent from the sales
of the old house. In the eye of the law, he is not even entited to
it, as the old house does not have his name. As for listing him as
a occupant in the new house - Don't !!! if you let him list as an
occupant - he can legally put on his IC the address . Well
loanshark will based on IC - come after this address !!!
It is time to make a clean break !!!
Don't think he will let it go without a share of the
proceed - thus this is your bargin chip !!!
He get a share but will not be a occupant in new house. It is that
or totally nothing !!!
I would not give him the whole lump sum !!! this type of people
have no honor !!! - give him in percentage in different stages
- I would pay a lawyer to draft out a agreement and have him
sign at the lawyer office !!!
25% - afer he agree to stay away and sign on
agreement
25%- after he move out from the old house - don't ever let him stay
in new house !!!
25% - 3 months after you and mum stay at old house without
issue from him - he stay away.
25% -1/2 year after you and your mum stay at old house without
issue and he stay away.
remember - if he break any of the term - he is no longer entited to
the rest of the money !!!
Your brother is already 28yrs old - and a sinking ship.
People can say empathise or compassion - but it is pointless to go
down with a sinking ship. Ask those people who call for empathise
or compassion to adopt your brother !!! - hello they talk only -
will they want to go down with a sinking ship - i guess not !!!
I do not agree to withholding the proceeds from the younger
brother, this is very underhanded and outright unscrupulous.
The father gave the house to the mother because he needs to
ensure his 2 children are taken care of.
Had it not been for his 2 children.. I am very sure their father
would had prefered to split the matrimonial asset instead of giving
it to his ex-wife.
I believe it is also the father's intention to have the flat be
shared equally among the 3 of them.
TS has used the money from sale of the matrimonial asset to
purchase another house, under HIS name and mom name. Why is the
brother's name not included as co-owner/tenant too ?This is already
unfair to the brother.
TS used what was also his brother's share to further his
economic status by investing the FULL amount into their current
flat, without proper consideration for his
brother's interest in the first place. In fairness, TS should
return a fair portion of the proceed to his brother upon sale of
their current home.
Right now, the brother is resentful because he knows, he is
unfairly treated.
What I'd like to know is .. will TS be using his mother's
portion to purchase a private property solely in HIS own name
???
Remember, there are just laws and there's unjust laws.
Yes, you may argue that the brother is the scum of the
world.
But 2 wrongs does not make 1 right.
Just because he is a thief.. does not means you should steal
from him too.