Transferring a Property
Changing Ownership as a Gift, After Separation, or Death
Transfer of Ownership of Property
Transferring a Property to a current or former family member can involve a wide spectrum of emotions, and be performed for a number of reasons.
It can be as a generous gift from parent to child, a requirement of a divorce settlement, or as an inheritance outlined in a Last Will and Testament. As such, it can be a time of joy and thankfulness, regret and animosity, or sadness and loss.
Advice and assistance from a solicitor are crucial — not just to complete your necessary legal paperwork and Transfer Deed, but also to ensure that any statutory duties and tax are satisfied.
At Falzon Legal, we will considerately and compassionately counsel and guide you through the whole process — whatever the circumstances of the Property Title Transfer. Relentlessly supportive and ceaselessly professional, you’re assured of an expert service completed in a timely and efficient manner.
Breakdown in a Relationship — Removal From the Title Deed
If your relationship fails — it may be necessary to remove one party from the property Title. Again, this involves extensive documentation that we will expertly address on your behalf.
If the property also involves a lender, we will handle the correspondence and communication. In most circumstances, this requires removing one partner from the mortgage, the issue of a new Certificate of Title in a sole name, and the discharge and creation of the old and new mortgage.
Furthermore, we will address any and all statutory requirements, which usually demand Exemption of Stamp Duty forms, Separation Agreement, and the Property Transfer Documentation.
We understand that for you, the transfer of the Title Deed back to one person carries much more weight than just paperwork. Coming to terms with a relationship breakdown can be heartbreaking enough — but seeing what was once a loving family home being treated as nothing more than an asset is emotionally challenging.
At Falzon Legal, we will continually support you — not just in the practical aspects of Title changes, but also providing comfort and reassurance at what can be a difficult time.
Allow Us to Professionally Yet Compassionately Address Title Deed Changes — Call Now
Transferring a Property to a Member of Your Family
Outside of a partnership, you may be the transferor (a person giving or selling the property), or the transferee (a person receiving the premises) of a property owned by a family member.
Usually, this is through one of two processes — gifting or selling.
As the transfer is between people of the same family, it’s possible for us to act both for both the transferor and transferee.
Transfer Ownership of House or Property Through Gifting
Giving a property to a family member — without payment, recompense, or consideration — isn’t as straightforward as gifting other items, such as a lawnmower or television set.
There are possible duties and taxes to take into consideration, in addition to statutory documentation.
Acting on your behalf, we typically follow these steps:
1. Ascertain the Property Value
We can instruct a professional and certified valuer to determine the current market value of your property.
This is crucial, as it determines the amount of any due Stamp Duty, sometimes referred to as Land Transfer Duty, that needs to be paid by the transferee. It’s important to note that even in gifting — where there is no payment — Stamp Duty may still be due.
2. Preparation of the Deed of Gift
The Deed of Gift indicates that the transferor gifted the property willingly, without payment at the time of transfer, nor with any consideration to be given in the future.
And, while not required by statute — at Falzon Legal, we strongly recommend that you allow us to prepare this document on your behalf.
This powerful tool provides the benefits of:
- Creating a formal record of the without-payment transaction.
- Safeguarding against future confusion, challenges, and conflicts.
- Being a clarity-giving document for the Land Registry for the Title change.
3. Completing Transfer Documentation
In most circumstances, we will assist you in completing correctly and clearly the following forms:
- Notice of Transfer of Land — Form 10/0520.
- Transfer Form 01T.
- Transferee/Purchaser Declaration — Form ODA 076.
4. Calculate and Pay Stamp Duty
Any Property or Land Title Transfer to a family member is subject to Stamp Duty — paid by the transferee.
The amount due is dependent on the market value of the property, not on the amount paid for the transfer. Therefore, even when a premises is gifted with zero remuneration, Stamp Duty is still liable.
We will accurately calculate the value of the concomitant duty, together with any other Land Title Office fees for document filing and administration.
5. Calculate and Pay Capital Gains Tax (CGT)
The transferee may be required to pay CGT — we will advise on whether this is applicable or not.
It’s possible that you, if the receiver of the property, may be exempt. If so, this is usually due to:
- The transferor obtaining the premises before 20-09-1985 — the date when CGT was introduced.
- The transferee has been living in the property as their home, and it will continue to remain their main residence.
Transfer Ownership to a Family Member Through Sale
You may wish to make a family Property Transfer through selling. Whether this involves a transaction at the full market value, or a discounted price, it’s crucial that you receive legal advice and assistance.
While the process can vary due to individual circumstances, we usually follow these procedures on your behalf:
1. Create the Sales Contract
A full and complete sales contract typically requires the below documentation:
- The Title Deed.
- Relevant zoning certifications.
- Diagrammatics of drainage.
- Any property exclusions.
- Warranty insurance for homeowners (if applicable).
- Certified swimming pool documents (if applicable).
As these are compulsory papers, we diligently ensure that they’re all current, correct, and full in preparation for your transfer sale.
2. Signing the Sales Contract
Usually, the contract of sale is signed by the seller, witnessed by the acting solicitor, and forwarded to the purchaser. The buyer then also signs the contract and ensures it is witnessed.
Most sales of property expect the buyer to pay a deposit of 0.25 percent of the sale value. But, where a house Title Transfer involves a sale in good faith between family members, it’s feasible to forge a smaller, local payment agreement.
3. Cooling-Off Period
The family member who is buying the property will normally have a five-day cooling-off period — unless it is reduced, extended, or relinquished. This permits them to drop out of the transaction if they change their mind — although they will lose the 0.25 percent deposit.
Bear in mind that this is for the buyer only. The seller is bound to make the sale as long as the purchaser remains willing to buy.
4. Completion of Land Office Registry Documentation
We will assist you, if you’re the vendor, in the accurate completion and submission of the following forms:
- Notice of Transfer of Land — Form 10/0520.
- Transfer Form 01T.
5. Satisfy Any Due Fees and Taxes
The buyer will be required to pay Stamp Duty on the full market value of the property — even if the premises were sold for just $1.
The seller will be also liable for Capital Gains Tax, unless:
- They receive payment that is less than its market value.
- The property sold is the vendor’s main residence.
Purchasing or Selling a Property to a Family Member? Talk to Us Today
Transferring a Property in the Event of Demise
While gifting or selling property to family members can be a time of joy, love, or contentment — transferring the Title after someone has passed can involve heartbreak, emotional turmoil, and sadness.
At Falzon Legal, we will navigate you compassionately and empathetically through the process — providing unsurpassed professional diligence combined with understanding support.
Usually, a person with property passes on either being a joint tenant or with a premises in their sole name.
Property Transfer Involving Joint Tenancy
If a loved one dies possessing property as part of a joint tenancy with another — the ownership will pass in full to the remaining tenant. This is irrespective of whether the surviving person was a family member, friend, or colleague.
This means that any relations to the deceased have no entitlement or claim on the property.
If you are the remaining tenant, there are still numerous obligations you need to meet in order to obtain the sole Title to the premises — requiring the attention of an experienced legal professional.
At Falzon Legal, we will patiently and considerately take you down the pathway to ownership. For us to act swiftly and correctly on your behalf, we ask you to provide us with:
- The full property details.
- A copy of the death certificate that is certified.
- An address for the service of notices.
An affordable fee to allow us to notify the Land Registry of the transfer of ownership after death.
Trust Falzon Legal With Your Property Transfer
You may need to transfer a property for a plethora of reasons — from entering into a relationship or becoming divorced, through to gifting a family member or receiving a premises as an inheritance.
Whatever the circumstances, you’re assured professional, conscientious, and supportive assistance and advice with Falzon Legal.
With personal and considerate attention, we will navigate you expertly through your options, duties, and documentation. Meeting at our office or in your home, our face-to-face service ensures the human touch, builds trust, and guarantees meticulousness.
Whether your transfer delivers joy and happiness or is laden with sadness and loss — our compassionate and understanding approach means you’re always protected and reassured.
Property Transfer FAQs
How Do I Transfer Property to a Family Member Tax-free in Australia?
Under current legislation, you’re entitled to gift family members with a property — although they will usually be liable to pay Stamp Duty.
How Do I Add My Spouse to My Property Title NSW?
A solicitor will assist you in completing the necessary paperwork to add a spouse or partner to an existing Title. This can involve gaining a new Title Deed, discharging a previous mortgage, and completing Property Transfer forms.
If I Sell My House for $1 Is There Still Stamp Duty?
Yes. Irrespective of the sale price, the buyer will still be liable for Stamp Duty based on the market value of the property.
Will My Parents’ Property Be Transferred to Me When They Die?
If a parent passes on having written a Will, it will usually indicate who receives their property. If they die without a Last Will and Testament, you may be entitled to the property under intestacy rules.
Can I Transfer a Property To Avoid Creditors Australia?
You can, but you’re liable to cause more issues. Under the Conveyancing Act (1919) transferring property with the intention to deny or defraud creditors can result in the Courts retrieving the property.
However, if the transfer can be shown to have been made in good faith — with no intention to defraud — this movement of ownership is permissible and lawful.