Transfer
Property Ownership Transfers
We can help transfer property interests between people and apply for relevant concessions
Stamp Duty Exemptions
We navigate the intricacies of property transfers to ensure smooth transitions of ownership. Whether transferring between a husband and wife for love and affection or a breakdown in a relationship, our experienced team can guide you through every step of the process and apply relevant concessions if applicable.
While Stamp Duty Exemptions on transfers of property to family members are limited, a person can transfer their interest, or part interest in real property to their spouse or domestic partner without paying Stamp Duty in circumstances where:
- a residential property is the principal place of residence for a person of the relationship
- they live in it for a consecutive period of 12 months within 12 months of the transfer
- there is no consideration paid for the acquisition of the property.
Similarly a Stamp Duty Exemption is available in situations where there is a breakdown of a marriage or domestic relationship and the transfer is made only because of the breakdown. These exemptions are subject to evidentiary requirements of the Duties Act 2000 s44 and may apply parties to the relationship; dependents of the parties; and certain corporations.
We often transfer properties on behalf of Family Lawyers pursuant to Court Orders and Agreements, so feel free to contact us if you would like our help.
