Experienced Family Transfer Lawyers in Melbourne & across regional Victoria
You deserve your lawyer being open and honest with you, not just one that follows your instructions without question. We are here to support you in more than simply carrying out your wishes.
Family Transfers
The list of types of family transfers are endless which it why it is so important to choose a lawyer with true experience. You may be transfering your home to your new spouse, parting ways with a former partner, protecting your biggest assets, the list truly goes on.
What’s important to understand is that every family transfer is liable to pay stamp duty on the dutiable value unless there is a suitable exemption to be claimed, and not all states and territories have the same exemptions available which is why it is crucial you discuss your plans with the right law firm before taking the next step. It costs nothing to have these initial consultations so you have nothing to lose.
Important things to note
Partners may need to transfer real estate for tax reasons, a breakup in their relationship, or asset protection. If the property is your primary residence, there is no stamp duty to pay in Victoria. However, under new legislation, stamp duty is now levied on property investments (excluding family law transfers).
At Stratus Legal Group, we can help you transfer your property quickly in order to save you time and money.
Property can be transferred between family members with or without a contract. Depending on the circumstances of the transfer, there may be tax implications as well as stamp duty to consider. When moving real estate between family members, stamp duty will be levied (some exclusions apply between partners). Whether property is gifted to a family member or transferred for full or discounted price, the State Revenue Office will use the full market price to calculate stamp duty.
We can help you transfer property within your family at Stratus Legal Group. We can help determine the best way to save time, money, and duty.
Surviving Proprietor
The majority of married and de-facto couples own real estate as joint tenants. When one of the partners dies, the surviving partner inherits the property. Joint ownership avoids the deceased person’s Will. The surviving owner will then need to change the title to recognise the change from joint proprietors to sole proprietors.
In these cases, no stamp duty is due. To save you time and money, Stratus Legal Group can rapidly change the title.
Estate Real Estate
When real estate is included in someone’s estate, the executor must transfer ownership to them. This is referred to as a transmission application. It is the transfer of real estate into the name of the executor in order for the executor to sell or manage the property on behalf of the estate.
With its extensive conveyancing and estate law team experience, Stratus Legal Group can quickly and effectively transfer real estate to the executor’s name. This ensures the executor’s security and proper estate administration, allowing them to better manage the estate and fulfil their obligations under the Will.
Things to Consider
Here at Stratus Legal Group we are real people just like you and have the real life experience you can rely on when you need it most. Our promise of fixed price services are just as real as we are too with no hidden surprises like ‘Plus GST’ or ‘standard disbursements’.
We understanding sometimes things happen so fast you feel as though you can’t quite keep up so we understand if sometimes not all information is available at the start of your matter. Don’t worry as we have well refined procedures to keep checking in with you to ensure nothing is overlooked.
Most matters with a settlement date will be eligible for ‘End of Matter’ where payment is not due until the settlement day. For other matters, fees may be required at the start of your matter which is why it is import and to talk to us about a payment option that suits you and your budget.
Throughout conveyancing and property matters we find most clients prefer communicating through email and over the phone. You don’t have to worry about whether a call will be returned or if you will receive a response to your email. We understand how important prompt communication is to you and always strive to be as prompt as possible.
What Our Clients Say
Read what some of our past clients have to say. The ethics and reputation of each one of our lawyers, precedes them individually and us as a firm.