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Lawyer-supervised · Family property transfers

Transfers between family members.

Transfers between spouses, domestic partners, parents and adult children — and other related parties — across Victoria. Duty exemptions, lender consent and PEXA lodgement, on a fixed fee.

Or call 1300 444 444. Duty exemption position confirmed before the transfer is signed.

Included in your fixed fee
  • Transfer of Land prepared and executed
  • SRO Digital Duties Form and exemption application
  • Spouse / Family Court exemption assessment
  • Lender consent and mortgage re-documentation
  • PEXA electronic lodgement with Land Use Victoria
  • Direct contact with a property lawyer throughout
Common scenarios

Every kind of family property transfer.

Fixed-fee, lawyer-supervised family transfers — with the duty and lender position resolved before signing.

Spouse and partner transfers

Adding a spouse or domestic partner to title, or moving a property between partners. On a principal place of residence the Victorian spouse exemption usually removes duty entirely — we lodge the exemption application and supporting evidence with the SRO.

After separation or divorce

Transfers giving effect to a Family Court order, Binding Financial Agreement or consent orders. Where the qualifying conditions are met the transfer is exempt from stamp duty, but the order and the Transfer of Land have to match exactly.

Parent to child (or child to parent)

Gifting a property to an adult child, transferring an investment property to a parent, or restructuring between generations. These are dutiable at market value unless an exemption applies — we confirm the duty figure before signing.

Adding or removing a name

Changing tenants in common shares, adding a guarantor parent, or removing a former joint owner. Each is a Transfer of Land lodged through PEXA, with mortgagee consent where the property is encumbered.

Related-party restructures

Transfers between siblings, between cousins, into a family discretionary trust or family company. Trust deeds and corporate constitutions are reviewed for authority, and the duty treatment is documented before lodgement.

Mortgaged property

Where a loan is registered, the bank's written consent and a fresh loan or guarantee will almost always be required. We obtain consent and coordinate any discharge in the same PEXA workspace as the transfer.

Duty, exemptions and lender consent

The three issues that decide a family transfer.

A family transfer is rarely the form — it's the duty position, the exemption evidence and the bank's sign-off. We resolve all three before you sign anything.

Duty assessment

Market value, not "price paid".

The State Revenue Office assesses Victorian stamp duty on the dutiable value — usually market value — irrespective of the consideration recorded in the transfer. An independent valuation is often required for transfers between related parties. Use the stamp duty calculator for an indicative figure on a full-duty transfer.

Exemptions

Spouse, PPR and Family Court.

Victorian exemptions worth checking on a family file: the spouse / domestic-partner exemption on a principal place of residence, transfers giving effect to a Family Court order or Binding Financial Agreement, and (in limited cases) transfers between trustees and beneficiaries. We lodge the supporting evidence and confirm the exemption in writing before signing.

Lender consent

Bank discharge and re-documentation.

Where the property is mortgaged, the bank's written consent is required and a fresh loan or guarantee will usually be needed for the incoming owner. We obtain consent, coordinate the discharge and any new mortgage in the PEXA workspace, and ensure the transfer and security registration are recorded together.

The process

From instruction to new title.

01

Quote and engagement

Fixed-fee quote in minutes. Engage digitally — no paperwork, no appointments.

02

Title search and review

Current title, registered mortgages and any caveats reviewed; transferor and transferee identified.

03

Duty position confirmed

Spouse, PPR, Family Court or full-duty position confirmed in writing with the SRO Digital Duties Form drafted.

04

Documents prepared

Transfer of Land, statutory declarations, and any required Family Court order extract or relationship evidence.

05

Lender liaison

Mortgagee consent obtained and any new loan or guarantee coordinated in the PEXA workspace.

06

Lodgement and new title

PEXA lodgement; new title issued in the correct proprietors and confirmed in writing.

Family transfer

Get a quote with the stamp-duty position built in.

Spouse, related-party and trust transfers handled end to end or call 1300 444 444.

Frequently asked

Family transfers, answered.

Family transfers

Get a family transfer quote.

Fixed-fee, lawyer-supervised transfers between spouses, partners and family members across Victoria. Duty exemption position confirmed in writing before signing.

Prefer to talk first? Call 1300 444 444.

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