Conveyancing
Selling or transferring a property between members of the couple is common. We can manage the process for a fixed fee.
Conveyancing and Title Transfers
If you transfer a share of your property to a former spouse or de facto partner, you won't be responsible for paying stamp duty. The transfer can also be made to a child or children, or to a trustee for the child or children, of one of the parents in the relationship.
The process of transferring house title after separation is relatively straightforward.
Start by checking with your bank to determine if you can secure financing for the transfer of the house in your sole name. Additionally, we will handle all necessary statutory requirements, typically involving Exemption of Stamp Duty forms, Separation Agreement, and Property Transfer Documentation.
Our process is handled by experienced conveyancers and lawyers, and done on a fixed-fee basis.
Some things to know about
Title Transfers and Conveyancing
Avoiding Stamp Duty
Stamp duty is a tax imposed on the purchase real estate. This requirement can be waived if the purchase of transfer was made at the end of a marriage or defacto relationship - for example when the family home is transferred over to one member of the couple.
Loan approval
When seeking financing to finalise a property purchase, it is important to secure loan approval before the Contracts become locked in. Once the commitment is locked in, cancellation or withdrawal from the Contract is not possible, even if it is subsequently discovered that securing the necessary financing is unattainable. In this kind of scenario, a person would forfeit the entire 10% deposit, lose the opportunity to acquire the property, and potentially face legal action from the Vendor for losses and damages incurred at resale.
The Benefits of using Movement Legal
We are a modern law firm, and we understand the needs of modern couples and families
TWe make the process of designing a prenup smooth and seamless, and we offer insights gleaned from our experience in this area.
Keeping you out of Court
Save stress, time, and expense.
Fast
We move quickly and prize efficiency.
Online Legals
No need to come in to the office. The team is available online and across Australia.
Fixed Fees
We provide fixed fees for any work that we perform, so that you can budget your legal spend before we commence any work.
Holistic Approach
An end-to-end solution that includes estate planning, wills, conveyancing, mediation, divorce applications (as needed).
