You may be exempt from paying stamp duty on your property after a divorce.
You may be exempt from paying stamp duty on your property in certain circumstances where there is a breakdown of your relationship.
Before you transfer property between yourself and your former spouse, apply to the Family Court of Australia for Consent Orders to obtain an exemption from paying stamp duty. We can assist you with the drafting of your Consent Orders.
Each state of Australia varies on the requirements and how to claim the exemption. For more information relevant to your State, please contact us on enquiries@thelegaldrafter.com.au
hi, i am initiating consent orders and after that divorce proceedings against my spouse. if settlement is agreed upon i will leave our premises we purchased together with a settlement of $147,000. is this amount subject to stamp duty? we are in WA.
A nominal amount ($20) of duty is payable where property is transferred between separated couples to comply with a court order by agreement (Consent Orders or as directed by the court). (Office of State Revenue Western Australia).
Hi, can the deed be transferred into the joint name of myself and my new husband, or does it have to be only my name?
Hi Emma
Thank you for your query. We have sent you an email.
Warm regards
Will the house be revalued when transferring across to spouse? I am in Western Australia
Hi Matthew
Thank you for your enquiry. We have sent you an email to obtain further information so we are better able to answer your enquiry.
Warm regards
The Legal Drafter
Hi, my spouse and I separated 10 years ago. Her name is still on the mortgage/title deed. What needs to be done to have her name removed and do I have pay stamp duty. I’m in perth. Thanks
Hi Stuart
Thank you for your enquiry. We have sent you an email.
Warm regards
The Legal Drafter
Hi, I have received consent orders to transfer the homes title deeds from jointly owned by my ex partner to just my name (remove him from the title deeds), do you do land transfer taking in to account stamp duty etc? Thank you Cindy
Hi Cindy
We have sent you an email. We don’t do conveyancing for a transfer of title.
Warm regards
The Legal Drafter
Hi
Me and my husband are divorced, and finance has been settled. We bought a property which is now under his sole name. I am planning to buy a property in Perth, will I be charged Stamp duty now? (As the one I bought as 1st home buyer went away with the settlement so technically I don’t own a home)
Hi Nidhi
Thank you for your question. As this is now outside the area of family law, you will need to contact your local titles office for assistance.
Warm regards
THE LEGAL DRAFTER
Hi, My wife and I are in the process of separating in WA. We plan to change our family home title, currently in both our names, to be in her name only (for which I understand we could apply for stamp duty exemption?).
With other liquidated funds, we will purchase a second house, potentially just in my name, into which I’ll move. Is there any way we can apply for stamp duty exemption on the purchase of this property – or is there no way round it?
Hi John
Thanks for your enquiry in relation to a stamp duty exemption on the purchase of your new property in Western Australia. As we are family law solicitors we can’t provide advice on stamp duty exemptions for the purchase of your new property. Please speak with your accountant and the WA Government – transfer duty assessment for advice.
Warm regards
THE LEGAL DRAFTER