Property Transfers in Victoria

What is a property transfer and how is it different from a regular sale?

A property sale involves a buyer paying the market price to a seller. A property transfer changes ownership between parties who already have a relationship, such as family members, spouses, or co-owners, often without payment or at below-market value. The legal mechanics are similar in that a Transfer of Land must be prepared and registered, but the stamp duty rules and available exemptions are quite different from a standard purchase.

Do I need a conveyancer for a property transfer in Victoria?

You are not legally required to use a conveyancer, but most people do. The Transfer of Land form must be prepared and lodged correctly, and stamp duty must be assessed or an exemption applied for through Duties Online before the transfer can be registered with Land Use Victoria. Errors in the paperwork or the exemption application can delay the transfer or result in unexpected duty bills. A conveyancer manages all of this for a fixed fee.

Can I transfer property to my spouse without paying stamp duty in Victoria?

In Victoria, a transfer of the family home between spouses or domestic partners where no money changes hands may be exempt from stamp duty. Since 1 July 2017, this exemption applies to principal places of residence only, not to investment or holiday properties. We apply for the exemption on your behalf through the SRO’s Duties Online system as part of the transfer.

What documents do I need for a family law property transfer?

For a transfer arising from a relationship breakdown, you will need either sealed consent orders from the Federal Circuit and Family Court of Australia, or a signed binding financial agreement under the Family Law Act. Informal arrangements, even amicable ones, do not qualify for the Section 44 stamp duty exemption. We guide you through the documentation requirements before you start.

How long does a property transfer take?

A straightforward transfer, such as adding a spouse or transferring to a family member, typically takes four to eight weeks from the time we are engaged through to settlement. Transfers that involve a stamp duty exemption application may take a little longer if the SRO requires additional documentation. We manage the timeline on your behalf and keep you updated at each step.

How much does a property transfer cost?

Our conveyancing fee for a standard property transfer is fixed, typically $800 to $1,500 plus disbursements such as title searches, Land Use Victoria registration fees, and any stamp duty payable. We provide a written quote before you engage us. If a stamp duty exemption applies, it can save you thousands of dollars in duty, and identifying and applying for that exemption is part of our service.