8
financial matters

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

8 Comments

8 thoughts on “You may be exempt from paying stamp duty on your property after a divorce.
  1. 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.

    1. 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).

  2. 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?

    1. Hi Emma
      Thank you for your query. We have sent you an email.
      Warm regards

  3. Will the house be revalued when transferring across to spouse? I am in Western Australia

    1. 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

  4. 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

    1. Hi Stuart
      Thank you for your enquiry. We have sent you an email.
      Warm regards
      The Legal Drafter

Leave a Reply

Your email address will not be published. Required fields are marked *

Call Now Button