Do I Pay Stamp Duty To Transfer My Property After A Divorce?

Stamp duty exemption

You can potentially save thousands of dollars in stamp duty if you read the following guidelines.

If you transfer a share of your property to a former spouse or de facto partner you are NOT liable to pay stamp duty.

The transferee could also be to a child or children, or to a trustee for the child or children, of one of the parents of the relationship.

You must ensure that the transfer of the property must be in accordance with either:

1. A Court Order made under the Family Law Act 1975, OR

2. A binding financial agreement made under the Family Law Act.

You do not need to go to court to get a binding financial agreement.

This exemption applies to both married couples and those who are in a de facto or domestic relationship.

There are a number of factors considered when determining if the parties have a relationship as a couple living in a de facto relationship.

For the full definition of a de facto relationship, please click here.

If you require a binding financial agreement that will help you get a stamp duty exemption, please contact us now.

Step by step guide

You can waive your stamp duty fee by following these steps:

1. Get a certified copy of your Court Orders or Binding Financial Agreement. The document will need to say that the property is to be transferred to one of the parties to the marriage.

2. Download and Complete the Transfer form from the Department of Land and Property website.

3. Download and Complete Form ODA 069 ‘Application for Exemption or Refund – Breakup of a Marriage or De Facto Relationship’ from the Office of State Revenue website.

4. Download and Complete the Purchaser Declaration form from the Office of State Revenue website.

5. Send the above documents to the Office of State Revenue (OSR) to be noted for stamp duty exemption.

6. Once approved, the OSR will send the Transfer form back to you. It will be returned stamped and marked ‘Exempt from Stamp Duty’.

7. Lodge the stamped Transfer, together with the Notice of Sale, Certificate of Title, fee, Discharge of Mortgage at the Land and Property Information.