Property Transfer Lawyers

Not every change of ownership is a sale. Adding a partner to the title, moving a property out of a deceased estate or transferring it into a trust are all transfers, and each can carry duty, tax and lending consequences that are easy to miss when no money changes hands.

Optimum Lawyers is a property law firm in Parramatta Square, led by principal solicitor Wisam Assi. We act on purchases, sales, settlements and transfers in every Australian state and territory.

Transfers we handle

• Between spouses or partners. Adding or removing a name. Some states exempt a transfer of the family home between spouses from duty, with conditions.
• To family members. A transfer from parent to child is usually dutiable on market value even if it is a gift.
• After a separation. Transfers made under family law court orders or a binding financial agreement are often exempt from duty, if the paperwork is right.
• Deceased estates. Transmission of the title to the executor, then a transfer or sale to the beneficiaries.
• Into or out of a trust or company. Including family trusts and self-managed super funds.
• Changing how the property is held. Moving between joint tenants and tenants in common, which changes what happens to each share on death.

What to check before you sign

• Duty. Often assessed on market value, with exemptions that differ by state.
• Capital gains tax. A transfer can trigger CGT. Speak to your accountant before it happens.
• The mortgage. The lender usually has to consent, and may require a refinance.
• Land tax. Moving a property into a trust or company can change the land tax position.
• First home concessions. A transfer can affect grants or concessions already received.

How a transfer works

1. Advice on the structure, duty and any exemption.
2. Preparing the transfer and duty documents.
3. Arranging lender consent or a discharge.
4. Lodging for a duty assessment and paying any duty.
5. Registering the transfer with the land registry.

Transfers in other states

Duty and transfer rules differ in every state. We act on transfers of property anywhere in Australia, and you sign where you live.

What clients say

“We've used his services on multiple properties on both local and interstate buying and selling”

Edgi Vega, Google review

Questions about property transfers

Do I pay stamp duty to transfer property to a family member?

Usually, and often on the market value even if no money changes hands. Exemptions are limited and differ by state.

Is a transfer between spouses exempt from duty?

It depends on the state and the property. Some states exempt the family home if conditions are met.

What is the difference between joint tenants and tenants in common?

Joint tenants own the whole property together and the survivor takes it on death. Tenants in common own separate shares that pass under each owner’s will.

Can you transfer a property in another state?

Yes. We act on transfers of property in every Australian state and territory.

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