Conveyancing for Transferring a
Property in NSW

To family member

When a family member transfers property to another family member you are required by the Office of Fair Trading to obtain a valuation from an independent valuer on the property for stamp duty purposes. The person obtaining the property is required by the Office of State Revenue to pay stamp duty on the current market value of the property or the purchase price whichever is the higher.

If you have a mortgage on the property you will need to have your lender’s consent to the transfer of the property and possibly execute new mortgage documents.

Boyd Conveyancing Services will prepare the necessary agreement and legal property transfer document required for the property transfer. We will organise for these documents to be executed by all parties. Boyd Conveyancing Services will also correspond with any financial institutions involved whether it be to discharge a mortgage or a mortgage for the person acquiring the property.

Boyd Conveyancing Services will also advise and discuss any legal implications of the transaction with all parties involved.

For property transfer costs involved see our NSW Conveyancing Fee Schedule.

If you have any enquiries regarding our services please contact Boyd Conveyancing Services.

Due to Marriage

When a person is to be added to the title of the property due to marriage stamp duty is usually not payable. However, the property must be your matrimonial home.

If you have a mortgage over the property you will need to discuss with your bank whether they will allow your partner to go on the title for the property and pay necessary fees to the bank for the Certificate of Titleto be produced.

Boyd Conveyancing Services will prepare the necessary property transfer document and Exemption of Stamp Duty Form required to be prepared. Boyd Conveyancing will submit any documents required to you for execution.

Boyd Conveyancing Services will also liaise with your financial institution, if applicable, and organise for the property to be transferred.

For costs involved in transfer of property see NSW Conveyancing Fee Schedule.

If you have any enquiries regarding any of these services please contact Boyd Conveyancing Services.

Due to relationship breakdown

When a person is to be taken off the title due to marriage breakdown, stamp duty is not payable.

If you have a mortgage over the property you will need to first discuss with your lender whether they will allow your partner to be taken off title for the property and pay necessary fees to the bank for the Certificate of Title to be produced.

Boyd Conveyancing Services will prepare the necessary property transfer document, Separation Agreement, if not already available and Exemption of Stamp Duty Form. Boyd Conveyancing will submit any documents required to you for execution.

Please note that Boyd Conveyancing Services recommend that you have a Separation Agreement prepared by Solicitors.

Boyd Conveyancing will also liaise with your lender, if applicable, and organise for the property to be transferred into the remaining name.

For costs involved in transfer of property see our NSW Conveyancing Fee Schedule.

If you have any enquiries regarding property transfer please contact Boyd Conveyancing Services.

Other reasons

If you require a name to be removed from the title to your property for reasons other then marriage breakdown, stamp duty is payable.

The Office of Fair Trading requires a valuation on the property and stamp duty will be calculated on the share of the property value being transferred to you.

If you have a mortgage on the property, you will need to have your lender’s consent before you can have a name removed from the title and mortgage.

Boyd Conveyancing Services will prepare the necessary property transfer documents required. We will organise for the documents to be executed by all parties to the agreement.

Boyd Conveyancing Services will also correspond with your financial institution to organise the Certificate of Title so the property may be legally transferred.

For costs involved in transfer of property see NSW Conveyancing Fee Schedule.

If you have any enquiries regarding any of our property transfer services please contact Boyd Conveyancing Services.