Transferring a property title is not the same as selling one, and the rules are different. Whether you are adding a partner to the title, gifting a home to your children, settling a separation, or dealing with a deceased estate, we prepare every document, identify every stamp duty exemption you qualify for, and register the transfer correctly.
A sale happens between strangers, for market price. A transfer changes ownership between people who already have a relationship: partners, family members, former spouses, or the beneficiaries of an estate. Often no money changes hands at all.
The legal mechanics are similar, in that a Transfer of Land must be prepared and registered with Land Use Victoria. But the stamp duty rules are entirely different, and that is where transfers go wrong. Getting the paperwork right is straightforward. Getting the duty position right can save you thousands, or cost you thousands.
Every transfer is different, and each one carries its own duty consequences. These are the situations we deal with every week.
Common when a relationship becomes long-term, or when one partner buys the other out. If the property is your principal place of residence and no payment changes hands, the transfer may be exempt from stamp duty entirely. We confirm your eligibility and apply for the exemption on your behalf.
When a marriage or de facto relationship ends and one party is keeping the home, the transfer may be exempt from stamp duty under the Duties Act 2000, provided the transfer is between the two parties to the relationship and the requirements are met. We handle the exemption application and the transfer documents.
One of the most common transfers we see, and the one most often misunderstood. Gifting does not mean avoiding stamp duty. The State Revenue Office assesses duty on the market value of the property, not on what was paid, so a gift is generally still dutiable. We prepare the Deed of Gift, arrange the valuation evidence the SRO requires, and make sure you go in with your eyes open.
When a co-owner passes away, or a property is left to you in a will, the title must be formally transferred before the ownership is recognised. Transfers made in accordance with a will generally attract concessional treatment. We work with the executor to get it registered properly.
Moving a property into a family trust or a company structure has significant duty and tax consequences. These need to be structured carefully and in coordination with your accountant.
Selling to a family member below market value is possible, but stamp duty is still assessed on the market value, not the price you agree. We make sure everyone understands the real cost before anything is signed.
This is the first question almost everyone asks, and the honest answer is that it depends entirely on your circumstances. Stamp duty, called land transfer duty in Victoria, applies to most transfers, including gifts. The State Revenue Office assesses it on the market value of the property or the amount paid, whichever is higher. That means transferring a property for a nominal sum, or for nothing at all, does not avoid duty.
There are, however, real exemptions and concessions, and identifying the right one is the most valuable thing we do on a transfer:
Each of these has strict conditions, and claiming an exemption you are not entitled to can result in a duty assessment, penalties and interest. We assess your position, apply for the exemption correctly through the SRO, and prepare the evidence required to support it.
The ATO treats a gift as a disposal at market value, even though you received nothing. If you are transferring an investment property, CGT may apply. We work alongside your accountant so the tax position is understood before you commit.
If there is a mortgage on the property, the bank must approve the change of ownership. Some lenders will provide a consent letter, others will require the loan to be refinanced entirely. Transferring a mortgaged property without lender consent can void the transaction. We liaise with your bank directly.
The SRO will usually require evidence of market value, either an agent's appraisal or a registered valuer's report. We tell you exactly what is needed.
All parties must complete identity checks as required by Land Use Victoria. We arrange this.
We establish the type of transfer, whether an exemption applies, and what evidence will be needed.
The Transfer of Land, plus a Deed of Gift or Contract of Sale depending on the arrangement, and any duty exemption declarations.
Mortgagee consent is obtained, or refinancing is coordinated.
Duty is assessed through Duties Online, or the exemption is applied for.
All parties complete the required identity checks.
The transfer is completed electronically.
The new ownership is registered with Land Use Victoria and the title is updated.
Based in the Melbourne CBD at Level 1, 530 Little Collins Street, we act for clients right across Melbourne and Victoria. Everything is handled electronically, so wherever your property is, distance is never an obstacle.
Melbourne CBD, East Melbourne, West Melbourne, Middle Park, St Kilda, Elwood, Fitzroy, Clifton Hill, Parkville, Ivanhoe, and right across metropolitan Melbourne.
A Transfer of Land must be prepared and lodged with Land Use Victoria, stamp duty assessed or an exemption applied for through the State Revenue Office, and settlement completed through PEXA. A licensed conveyancer manages the whole process.
Generally no. The State Revenue Office assesses duty on the market value of the property, even if no money changes hands. Limited exemptions exist, most notably for principal place of residence transfers between partners and for relationship breakdowns.
It depends on the complexity, how quickly your lender consents, and how long the SRO takes to assess duty.
You are not legally required to use one, but the Transfer of Land must be prepared and lodged correctly, and the duty position assessed properly. Errors can delay the transfer or result in an unexpected duty bill.
A legal document recording the intention to transfer property as a gift. It protects both parties by putting the arrangement in writing, which matters in family situations where disputes can arise later.
Yes, if there is a mortgage on it. Some lenders provide a consent letter, others require refinancing. Transferring without lender consent can void the transaction.
Possibly. The ATO treats a gift as a disposal at market value, so CGT may apply, particularly on investment properties. We coordinate with your accountant.
It may be, where the transfer is between the two parties to the marriage or domestic relationship and the requirements of the Duties Act are met. We assess your eligibility and make the application.
The paperwork is the easy part. Knowing what you will actually pay, and what you can be exempt from, is where it counts. Talk to us before you commit to anything.
Why take a Risk on the biggest financial decision of your life?
We’re proud of the relationships we build and the trust we earn. We work tirelessly to ensure that your property transaction is completed efficiently and without hassle.
Level 1, 530 Little Collins St, Melbourne
info@allhoursproperty.com.au
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