Transferring Property in NSW: Family & Spouse

Property transfers

Changing who owns a property

Transferring property to a spouse or family member in NSW, adding or removing an owner, or moving property into a trust? Even when no money changes hands, a transfer is a legal change of ownership. Transfer duty may be payable on the property's market value unless an exemption applies, and capital gains tax and your lender's consent may also matter. We explain your options, prepare the transfer and lodge it electronically.

There is no paper title to find

Paper certificates of title ceased to have legal effect in NSW from 11 October 2021. Ownership is recorded electronically on the NSW Torrens title register, and a title search shows the current registered owner and other registered details of the property. Transfers are now lodged electronically by a conveyancer or solicitor.

We verify everyone's identity, check the title and any mortgage, and arrange the duty assessment before the transfer is lodged.

Common situations

Common reasons for a transfer

Each of these has its own duty and tax rules, so we look at your situation before anything is signed.

To a spouse or partner
Adding your spouse or de facto partner to the title of your home, or transferring it to them.
A gift to family
Transferring a property, or a share of it, to a child or another relative.
After a separation
Transferring property under a financial agreement or court orders after a relationship ends.
Into or out of a trust
Moving property into a family trust, or out of one.
After a death
Transferring property to a beneficiary, or to a surviving owner, after someone dies.
Adding or removing a co-owner
Buying out a co-owner, or changing how co-owners hold the property.

Transfer duty

Transfer duty and exemptions

Transfer duty (stamp duty) is not only paid on sales. It is generally payable when property is transferred for no money, such as a gift, and it is worked out on the higher of the price paid (if any) and the property's market value.

Some transfers are exempt or pay less duty, for example:

a transfer of your home between spouses or de facto partners so that you own it in equal shares, if the conditions are met (de facto partners must have lived together for at least 2 years);
some transfers of property after a marriage or de facto relationship breaks down;
some transfers to beneficiaries from a deceased estate, which may pay only a concessional amount.

Exemptions are not automatic. An application must be made to Revenue NSW with the right documents, and the conditions are strict. We check whether one may apply before you sign anything. See Revenue NSW: exemptions and concessions.

Before you transfer

Tax and lender consent

Capital gains tax. Capital gains tax may apply to a transfer even when no money changes hands, unless an exemption, such as the main residence exemption, covers it. Different rules can apply after a relationship breakdown. Talk to your accountant before the transfer.

Your lender. If the property is mortgaged, the lender usually has to consent to the transfer, and may require the new owner to take on or refinance the loan. Speak to your lender early, because their approval often sets the timetable.

The process

How a transfer works

Most transfers follow these steps.

Step 1: Advice
We talk through who owns the property now, who it is going to, whether there is a mortgage, and the duty and tax position. If an exemption may apply, we tell you what is needed.
Step 2: Documents and identity checks
We verify the identity of the current and new owners, and check the title, any mortgage and any other interests recorded on the title.
Step 3: Duty assessment
The transfer is assessed by Revenue NSW and any duty is paid, or the exemption is applied for, before the transfer is registered.
Step 4: Electronic lodgment
We lodge the transfer electronically, together with any mortgage documents the lender arranges.
Step 5: Registration
NSW Land Registry Services registers the transfer and the new owner is recorded on the title. We confirm the change with you.

Questions

Common questions about property transfers

Do I pay duty if I gift a property?

Usually, yes. Duty is generally worked out on the market value of the property even when no money is paid, unless an exemption or concession applies, such as some transfers of a home between spouses or de facto partners.

Can I transfer a property to my child for $1?

You can, but duty is generally worked out on the market value, not the $1, and capital gains tax may apply. Get advice before you agree to anything.

Do I need my lender's consent?

If the property is mortgaged, usually yes. Most mortgages do not allow the property to be transferred without the lender's consent, and the lender may need the new owner to be on the loan.

How long does a transfer take?

It depends mainly on the duty assessment and, if there is a mortgage, on the lender. Once the documents are signed, the duty is dealt with and any consent is given, lodgment and registration are electronic. We give you an idea of timing once we know the details.

Do I still need the paper certificate of title?

No. Paper certificates of title ceased to have legal effect in NSW from 11 October 2021, so there is nothing to find or hand over. Ownership is recorded on the electronic Torrens title register.

Conveyancing enquiries

Ask about transferring a property

Tell us who owns the property now, who it is going to, and whether there is a mortgage. We'll explain the next step and what it will cost.

Call (02) 9557 9000

If the transfer is part of a settlement or court order with a deadline, please call us.

Send an enquiry

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What happens next

We read your enquiry and contact you to talk about the transfer.
We explain the duty position and give you a written estimate of our costs and disbursements.
If you decide to go ahead, we verify everyone's identity and prepare the transfer.

Our office

Level 3, Unit 3.07
18–30 Faversham Street
Marrickville NSW 2204

Get directions (opens in a new tab)

Opening hours

Monday to Friday: 9:00am to 5:00pm

Getting here

You can drive up to Level 3, and two hours' free parking is available at the Wicks Place car park, 186 Victoria Road.

Transferring property in NSW

Changing who owns a property

There is no paper title to find

Common reasons for a transfer

To a spouse or partner

A gift to family

After a separation

Into or out of a trust

After a death

Adding or removing a co-owner

Transfer duty and exemptions

Tax and lender consent

How a transfer works

Step 1: Advice

Step 2: Documents and identity checks

Step 3: Duty assessment

Step 4: Electronic lodgment

Step 5: Registration

What it costs

Your conveyancer

Alex Sapounas

Common questions about property transfers

Do I pay duty if I gift a property?

Can I transfer a property to my child for $1?

Do I need my lender's consent?

How long does a transfer take?

Do I still need the paper certificate of title?

Related services and guides

Conveyancing

Buying a property

Property settlement after separation

Estate administration

Changing property titles: the legal steps

Property title searches in NSW

Revenue NSW: transfer duty exemptions and concessions (opens in a new tab)