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Stamp Duty

Stamp Duty

Thursday 28th of May 2020
By: Harriet Geddes, Solicitor, Coote Family Lawyers

I am very fortunate that at this stage of my life, I have found the right lawyers to use for all my future legal matters.

We have separated and want to transfer the family home into my name.  Do I need to pay stamp duty?

Family law settlements can often involve the transfer of real property from one party to another. In order to register the change in ownership of real property, a Transfer of Land is required to be lodged with the Victorian Land Registry Services. Usually, the transfer of real property from one person to another is subject to a stamp duty payable to the State Revenue Office.

However, section 44 of the Duties Act 2000 (Vic) provides an exemption of the payment of stamp duty, if the property is being transferred due to the breakdown of a marriage or domestic relationship. For the exemption to apply, certain criteria has to be met in relation to the transferor and transferee of the property. Proving that these criteria have been met can become complicated when trusts and entities are involved in the ownership of the property.

At Coote Family Lawyers, we are able to provide you with advice as to whether it is likely that the transfer of your real property will be stamp duty exempt and prepare any necessary documents that may be required as part of the application for exemption.

If you need advice please call 03 9804 0035 to speak with our team of top family lawyers in Melbourne.

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