Property & conveyancing

Transfers & related-party transfers.

Moving property between spouses, family members, trusts or companies is rarely as simple as changing a name on the title. Stamp duty and capital gains consequences follow exactly how the transfer is documented, and getting it wrong can trigger duty you could have avoided. CMK Legal prepares spousal, family and related-party transfers end to end for clients across Victoria.

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Solicitor-reviewed

Every transfer and duty position checked by a Victorian property lawyer.

Fast turnaround

Straightforward transfers typically prepared and lodged within three to four weeks.

Fixed fee, quoted first

Fixed fee for the transfer, with duty and registration costs quoted separately.

Victorian property law

Duties Act, Land Tax Act and Land Use Victoria requirements applied correctly.

What a transfer involves.

Who currently holds title, where it needs to go, and whether a duty exemption or concession is available is confirmed before anything is lodged. Transfers between spouses or domestic partners for a principal place of residence are commonly exempt, and there are narrow exemptions for deceased estates and certain trust restructures. Most other family transfers attract duty on market value, even where no money changes hands, and the State Revenue Office will require a valuation.

A transfer with no consideration can still be a capital gains tax event assessed at market value, and duty and CGT are assessed separately. The tax position is worth understanding before the transfer is signed, not discovered at the next tax return, working alongside your accountant, and the transfer of land, duty declarations and any lender consent documentation the registration requires are prepared.

Where the transfer involves a mortgaged property, your lender's consent and requirements set the pace of the transaction, and where it involves a trust or company the consequences are worth mapping with your accountant first so the paperwork matches the outcome you actually intend.

A nomination, substituting the buyer named on a contract before settlement, does not usually attract double duty, but it can where there is additional consideration or land development, which are defined narrowly under the Duties Act 2000. It is a common trap in related-party dealings.

Beyond the spousal home exemption, narrow duty exemptions and concessions exist for pensioners, young farmers, family farms and deceased estate distributions, each with its own conditions.

Even a transfer between family members for no money is generally assessed for duty on the property's market value. Confirm whether an exemption genuinely applies before you agree to the transfer, not after the State Revenue Office assessment arrives.

Why documentation matters more than the transaction itself.

Duty exemptions are confirmed, not assumed

The spousal principal place of residence exemption and other narrow exemptions have specific conditions attached. Eligibility is worth checking against your facts before relying on it.

Capital gains tax is flagged early

A transfer for no consideration is still a CGT event at market value. The issue is worth raising with your accountant before the transfer is signed, not afterwards.

Trust and company transfers are mapped properly

Moving property into or out of a trust or company changes control, tax and asset protection outcomes. The transfer is documented to match the structure you actually want.

Lender and title requirements are handled

Where a mortgage exists, the lender's consent, discharge or refinance requirements are managed alongside the transfer so registration goes through without delay.

We can help if.

  • You are transferring your home to or from a spouse or domestic partner
  • You want to add or remove a family member from a title
  • You are transferring property into or out of a family trust or company
  • The property is mortgaged and needs lender consent
  • You are unsure whether a duty exemption applies to your situation
  • The transfer relates to a deceased estate distribution
  • You are restructuring how an investment property is held
  • You need the capital gains and duty position understood before you commit

Speak to us before you agree to the transfer with the other party. Confirming the duty and tax position first often changes how the transfer should be structured.

How a transfer is prepared.

  1. 01

    Instructions

    Tell us who currently holds title, where it needs to go, and whether any money is changing hands.

  2. 02

    Duty and tax position

    Whether an exemption or concession applies is confirmed, and any capital gains tax consequence flagged with your accountant.

  3. 03

    Documentation

    The transfer of land, duty declarations and any supporting statutory declarations required are prepared.

  4. 04

    Lender and title steps

    Lender consent, mortgage discharge or refinance requirements are coordinated where relevant.

  5. 05

    Lodgement and registration

    The transfer is lodged and registered electronically, and you receive confirmation once title has updated.

Transparent transfer fees.

Transfers are quoted as a fixed fee based on the parties involved and whether a duty exemption applies. Duty, valuation costs where required, and registration fees are quoted separately as disbursements so the total cost is clear before work begins.

Request a fixed-fee quote

FAQs

Transfers & related-party transfer FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

Is stamp duty payable on a transfer to my spouse?
A transfer between spouses or domestic partners of a principal place of residence is often exempt from duty, subject to specific conditions. Eligibility is worth confirming before lodging so there is no surprise assessment.
Do I need my lender's consent to transfer property?
If the property is mortgaged, yes. Most lenders require the transfer to be approved, and may require the loan to be refinanced or discharged as part of the transaction. That process is managed alongside the transfer.
Can I transfer property into my family trust without paying duty?
Usually not: duty is generally payable on market value, and the transfer may also trigger capital gains tax even though no money changes hands. Both consequences are worth mapping with your accountant before proceeding.
Do I need a contract if the transfer is a gift?
You still need a properly prepared transfer of land, a duty assessment, and your lender's consent if the property is mortgaged. Skipping proper documentation is what causes disputes later, particularly if the relationship or the estate later changes.
How long does a transfer take to complete?
Most straightforward transfers settle within three to four weeks of instructions, once duty is assessed and any lender consent is in place. Where a mortgage is being refinanced, the lender's timeframe generally sets the pace.
What happens if the State Revenue Office disagrees with our valuation?
The SRO can request or commission its own valuation and assess duty accordingly. A defensible valuation is worth obtaining upfront, and any SRO query can be responded to.
What is a nomination, and can it cause double duty?
A nomination substitutes the buyer named on a contract before settlement. Under the Duties Act 2000 it does not usually attract duty twice, but it can where there is additional consideration or land development, which are defined narrowly. In related-party dealings it is worth checking before the nomination is made.

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Transferring property to family, a trust or a company?.

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