Judge rejects woman’s claim of owning 99% of Bukit Timah condo she and her ex bought together

SINGAPORE: A judge turned down a claim from a woman who said she owned 99% of a condominium in Bukit Timah worth S$1.8 million that she and her then-boyfriend purchased together in March 2020.

Like other couples, Millie Wong and Jake Ngor bought property together. However, what set this particular transaction apart is that the unit at Hillcrest Arcadia in Bukit Timah had been registered at a 99:1 ratio.

The bulk of the share went to Ms Wong, even though, according to the full judgment, Mr Ngor contributed a majority of the property’s purchase price.

The couple eventually broke up, but Ms Wong, now 38, insisted that she owned 99% of the unit. Mr Wong, now 35, however, claimed a beneficial interest of approximately 70% under a resulting trust, which corresponded to his purported financial contributions towards the property.

“Beneficial interest” refers to the right to receive the benefits of an asset, even if another party holds the legal title or ownership of that asset. It’s often contrasted with legal interest.

“The 99:1 ownership structure has become increasingly prevalent in Singapore’s property market and is typically used to avoid paying Additional Buyer’s Stamp Duty (ABSD) when the co-owners decide to purchase a second property. This case is the first of its kind in dealing with the novel question of whether a 1% property owner in such 99:1 arrangements should be precluded by illegality from asserting a resulting trust,” the judgment says.

The judgment adds that the couple did not stay together long after they bought the condo, separating in November 2020 under the strain of Ms Wong’s insecurity. Despite this, their relationship remained amicable until 2022, since they needed to communicate regularly regarding the unit, which they had rented out.

By mid-2022, Mr Ngor brought up the possibility of selling the unit, and Ms Wong even considered buying it from him. However, by the end of the year, she began to distance herself from him. At the start of 2023, she sent Mr Ngor a message “asserting for the first time that she owned the entirety of her 99% legal share in the property.” This was followed by an argument over text between the two. In July 2023, Mr Ngor began to seek beneficial interest in the unit proportionate to his financial contributions.

In his judgment, Senior Judge Lee Seiu Kin pointed to the insecurity Ms Wong had displayed throughout their relationship. The judge said this stemmed from her fears that Mr Ngor would be unfaithful in the future, and so she wanted some security in case this should occur.

This “crystallised into her desire to have their future property registered in her name,” the judge added.

While Ms Wong said that her ex-boyfriend promised to give her the property unconditionally, the judge found no basis for this. He also said that Mr Ngor would only benefit her in the case of infidelity, which had not occurred. He therefore found no reason for her claim of owning 99% of the property

After considering the financial contributions Mr Ngor and Ms Wong made towards the purchase, the judge said that he found Mr Ngor owned a 54.22% beneficial interest in the property. /TISG

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