Putting a property into someone else’s name
Adding or removing a partner, gifting to a child, sorting out the title after a separation, or moving a home out of the name of someone who has died. The transfer itself is the straightforward part. Duty is where people get caught out, so we start there.
Read this first
Duty is worked out on what the property is worth, not on what changes hands
This is the one thing that surprises almost everyone. You can transfer a property to your son for a dollar, or for nothing at all, and duty will generally still be assessed on the market value of the share being transferred. The number written on the transfer does not set the bill.
Because of that, a valuation is usually needed. Sometimes a full valuation from a certified practising valuer, sometimes something lighter, depending on the property and the kind of transfer. We will tell you which one your matter calls for before you go and pay for anything.
There are exemptions and concessions in the legislation, and some transfers do attract them. Whether yours qualifies is a question for the State Revenue Office, or for your accountant or solicitor. We are conveyancers. We will prepare and lodge your transfer properly, and we will not guess at a duty outcome you are counting on.
Before you commit to anything
Three questions worth answering before the paperwork starts. Two of them are not ours to answer, and we would rather say that now than halfway through.
- What is the property worth? Duty generally follows market value, so this is the number that matters. A valuation is usually required.
- What is the duty position? Your accountant or a solicitor can tell you whether an exemption applies. We will lodge what the assessment requires.
- Is capital gains tax in play? Gifting or transferring an investment property can trigger a capital gains event. That is an accountant's question.
Common situations
The transfers we are asked about most
Different reasons, same underlying job. Get the title and the duty right, and lodge it correctly.
Adding or removing a partner
Putting a spouse or domestic partner onto the title, or taking one off. If there is a mortgage, your lender has to agree before anything moves, and whoever is coming off the loan has to be released by the bank. That is usually the slow part, so raise it early. Duty is generally assessed on the market value of the share that moves.
Parent to child
Gifting a home, or a share of one, to an adult child. No money has to change hands for duty to apply, and a valuation is almost always needed. If the property has been rented out, capital gains may also be in the picture. Speak to your accountant before you decide how to structure it, then come to us to do it.
After a separation
The court order or the binding financial agreement comes from a family lawyer. We do not act in family law matters and we will not pretend otherwise. Once that document exists, we prepare the transfer that carries it out, deal with the lender, and keep the contact between the two sides to a minimum.
From a deceased estate
A property cannot move out of a deceased person's name until someone is legally authorised to deal with the estate. Getting that authority is a solicitor's job. The transmission application and the transfer that follow are ours. More on how that runs below.
Worth a read before you decide anything: transferring property between family members in Victoria.
Deceased estates
When someone has died, there is an order to it
First, whatever anyone is telling you, there is usually no hurry in the early weeks. Nothing about the title falls apart because the paperwork waited a month. When you are ready, this is the shape of it.
Before a property can leave a deceased person’s name, someone has to be legally authorised to deal with the estate. If there is a will, the executor applies for a grant of probate. If there is no will, a family member applies for letters of administration. That application is a solicitor’s job, not a conveyancer’s, and we will tell you so plainly rather than take work we should not be doing. If you do not have a solicitor, say so and we will point you in a sensible direction.
Once the grant is in hand, our part starts. We prepare the transmission application, which records the executor or administrator on the title in that capacity. From there the property can be transferred to whoever is entitled to it, or sold, depending on what the estate is doing. We handle both.
Duty on a transfer out of an estate is not treated the same way as an ordinary transfer, and capital gains has rules of its own again. Those are questions for the estate’s accountant or solicitor. What we will do is make sure the title work is right and that nothing is lodged that has to be unwound later.
Our longer guide: deceased estate property transfers in Victoria.
Where the line sits
What we do, and what we will send you elsewhere for
A conveyancer who says they can do all of it is not doing you a favour.
We handle
- Preparing and lodging the transfer of land electronically
- Transmission applications for deceased estates once the grant is issued
- Title searches, and checking for caveats, covenants and other interests
- The duties lodgement, and the notice of acquisition to council and water
- Coordinating with your lender on consent, discharge or a new mortgage
- Talking the whole thing through with you, as many times as it takes
You will need a solicitor or accountant for
- Probate or letters of administration
- Whether a duty exemption or concession applies to you
- Capital gains tax, and anything else on the tax side
- Family law orders and binding financial agreements
- A disagreement between beneficiaries or co-owners
- Wills, trusts and estate planning
Tell us what you are dealing with and we will say which of these you need before you engage us.
How it runs
Four steps, and you will know where you are at each one
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1
We look at the title
A title search tells us who is on it, what is registered against it, and whether anything has to be dealt with before a transfer can go through.
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2
Value and duty sorted
You get the valuation the transfer requires, and your accountant or solicitor confirms the duty and tax position. We tell you exactly what is needed.
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3
Documents prepared
Transfer of land, duties lodgement, and the transmission application if this is an estate matter. Everything signed and verified as the law requires.
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4
Lodged and confirmed
The transfer is lodged electronically. We confirm the moment the title updates, and send you the new title details for your records.
Questions
What people ask us about transfers
Do I pay duty if I am gifting the property and no money changes hands?
Generally, yes. Duty on a transfer is usually assessed on the market value of the interest being transferred, not on the figure written on the paperwork. Transferring a house to your daughter for a dollar does not produce a duty bill of a dollar. There are exemptions and concessions in the legislation and some transfers attract them, but whether yours does is a question for the State Revenue Office or for your accountant or solicitor, not for a conveyancer.
Do I need a valuation?
Usually. What kind depends on the property and on the type of transfer. Sometimes a valuation from a certified practising valuer is required, and sometimes a lighter form of evidence is accepted. We will tell you what your matter needs before you spend anything on it.
Can you tell me what the duty will be, or whether capital gains tax applies?
No, and be careful of anyone who answers that question quickly. Duty outcomes and capital gains are matters for your accountant or a solicitor, who can look at your whole position. Our job starts once you know where you stand: we prepare and lodge the transfer correctly.
We are separating. Can you handle the transfer?
Yes, once the family law side is settled. The court order or the binding financial agreement comes from a family lawyer, and we do not act in family law matters. Bring us the order or the agreement and we will prepare the transfer that gives effect to it.
My mother has died and the house is in her name. What comes first?
A grant. If there is a will, the executor applies for a grant of probate. If there is no will, a family member applies for letters of administration. That application is a solicitor's job. Once the grant is issued, we prepare the transmission application and then the transfer. There is no rush at our end.
Does the bank have to agree?
If there is a mortgage over the property, yes. The lender has to consent, and where someone is coming off the title they usually need to be released from the loan, which means the remaining owner has to qualify on their own. Start that conversation with your lender early. It is often what sets the timing for everything else.
Do we have to be in Victoria?
No. We are licensed in Victoria and registered in South Australia. Conveyancing in both states is electronic, so a South Australian transfer is handled from our Cranbourne office the same way a Victorian one is.
Get in touch
Tell us who is going on the title, and who is coming off
Five questions, and you will hear back from a person who has read them. If it is an estate matter, or you are not sure whether you need us or a solicitor first, say that and we will tell you straight. Prefer to talk? Call 0450 016 397.
Office 4, Level 1, 105A High Street
Cranbourne VIC 3977
Monday to Friday, 9am to 5pm
Weekends by appointment