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Spouses and domestic partners often transfer property between themselves. Certain transfers are exempt from land transfer duty (commonly known as stamp duty). This depends on the date of the transfer of the property and what the property is used for.

You can easily apply for this exemption. 

Spouse and domestic partner exemption

Dutiable property Date of transfer Exempt or liable to duty Conditions
All Pre-1 July 2017 Exempt None
Principal place of residence (PPR) On or after 1 July 2017

Exempt​

  1. The property is transferred for no consideration.
  2. At least one party to the relationship must live in the property as their PPR for a continuous period of at least 12 months commencing within 12 months of the transfer.

On request we can vary the residence requirement to enable you to comply with this requirement.

However, we must be satisfied there is good reason to vary the requirement. If you fail to meet the residence requirement, you must notify the SRO in writing within 30 days of the change. The transfer will be subject to duty.

Non principal place of residence e.g. commercial and/or investment property On or after 1 July 2017 Duty applies None

Note: Transfers of all types of dutiable property following a marriage or defacto relationship breakdown are exempt, regardless of the date of the contract.