Stamp duty exemptions for couples may apply when a
person in a marriage or de facto relationship owns a property and
wants to put their partner on the title.
There are also exemptions that apply when separation takes place
and you want to transfer the title back into the sole name of one
of the parties.
Stamp duty exemptions during the relationship
When you decide to add your spouse to the Certificate of Title
you may be eligible for a stamp duty exemption. This will depend on
your individual circumstances.
Firstly, in order to receive stamp duty exemptions in this
circumstance the property must be residential land:
on which your principal place of residence is located;
that you intend to construct your principal place of
on which you are constructing your principal place of
in which you have shares that allow you the right to occupy the
property as your principal place of residence.
Once you have established that the property meets the
'principal place of residence' requirements then the
If you are married, then a full exemption will be received when
adding your spouse to the Certificate of Title; and
If you are in a de facto relationship, then:
you must have been in the relationship for two years or more to
receive a full exemption; or
if you have been in the relationship for less than two years
then no exemption will apply.
If you would like to know more about adding your spouse to the
Certificate of Title please contact one of our Licensed
Stamp duty exemptions after the relationship
In the event that separation has taken place, one party may want
to keep the house and 'buy' the other person out. When
doing this, you will need to transfer the property into the sole
name of the person who is retaining it. This transfer will incur a
stamp duty liability on the value of the share that is being
transferred to the person who is keeping the property (which is
different to the amount that they are 'paying out' to the
There are stamp duty exemptions available in this scenario, but
only if there is a formal family law property settlement in place.
Once the formal settlement is done, the transfer can be effected
without stamp duty liabilities occurring.
To find out more about why doing a family law property
settlement is important,
Article by Kylie Fuentes & Nikki Moncada
Kylie is a licensed Conveyancer with Coutts Solicitors &
Conveyancers she is extremely knowledgeable in all areas of a house
sale and purchase and can provide you with the service and guidance
you need for your property matter.
Click here to view Kylie's profile.
Nikki was admitted in the Supreme Court of New South Wales and
the High Court of Australia in 2011, after completing a Bachelor of
Laws and Graduate Diploma of Legal Practice at the University of
Wollongong. Since being admitted, Nikki has practised solely in the
areas of Family Law and Care and Protection Law.
Click here to view Nikki's profile.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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