Transfers between Couples

Title transfers between couples in Victoria Australia

We are specialist in assisting couples with title transfers between couples In Victoria. we can guide you through the whole process and help you claim the stamp duty exemption for title transfers between couples;
State Revenue Office

A transfer of residential property between spouses or domestic partners can generally be exempt from land transfer duty if it is a genuine transfer for no consideration and meets the residence and ownership conditions. The exemption is administered by the Victorian State Revenue Office under section 43 of the Duties Act 2000.

The main conditions are:

• The property must be residential.
• The transfers between couples must be for no consideration.
• At least one spouse or domestic partner must occupy the property as their principal place of residence within 12 months of transfer and live there continuously for at least 12 months.
• No other person may acquire an interest through the transfer.
• All transferors and transferees must be natural persons, not companies or trusts.
• There can be no more than two transferors and two transferees.

A mortgage does not prevent the transfers between couples as long as the mortgagee on title approves the transfer. The incoming transferee can either add their name to the property title without adding their name to the mortgage. Or they can add their name to the property title and the mortgage on title.

Practical process:

• Simply complete our transfer questionnaire to get the process started, and we will;
• Lodge the Digital Duties Form and claim the “transfer between spouses or domestic partners – love and affection” exemption,
• Lodge the transaction through Duties Online (DOL), before settlement.
• Register the transfer with Land Use Victoria after the duty assessment or exemption has been dealt with.
• Then complete the title transfer in PEXA for you.

But the stamp duty exemption may not apply if:

Money or other consideration is paid, outside the permitted mortgage arrangements.

• The property is transferred to or jointly with another person.
• A company or trust is involved.
• The residence requirement is not met.
• The transaction is really a sale or another arrangement rather than a gift or transfer for natural love and affection.

We complete the Duties Online (DOL) Form and all of the required transfer steps for you and all of this is covered in our fixed fee. We have no extra charges or hidden fees and we have no initial fees and only create our final invoice once all tasks are complete and just prior to settlement.