Services
Family Transfers
Matrimonial & Family Transfers
Your assets are precious. Let us help you keep them safe when your circumstances change.
There are a number of reasons why you may need to transfer the whole or part of a property to a family member (or third party). Whether through divorce, children growing older, illness, taxation reasons or death of a loved one, the transfer of property can be stressful. We are experts in property conveyancing and are here to guide you through.
Distinct Conveyancing understands the complexities and sensitivities involved in matrimonial and family transfers. We offer a compassionate and personalised service to help guide you through the process, ensuring that your interests are protected at all times.
We can advise you on potential stamp duty implications, mortgagee requirements and draft and lodge the necessary documents in the Land Services SA.
Let us take care of the legal details so you can focus on what’s most important – your family.
Frequently Asked Questions
When should I engage a conveyancer?
It’s best to hire a conveyancer as soon as you decide to buy or sell a property. They’ll review contracts and address potential legal issues early in the process and are an important member of your property team.
What’s the difference between Joint Tenants and Tenants in Common?
Joint Tenants: Equal ownership shares where ownership passes to the surviving owner(s) upon death.
Tenants in Common: Ownership can be in unequal shares, and each owner’s share is distributed according to their will upon death.
Do I need to pay stamp duty on a marital transfer?
Stamp duty exemptions may apply for transfers between spouses or as part of a legal property settlement. Our team can assess your eligibility and guide you through the process.
Are there stamp duty exemptions or concessions?
Exemptions and concession may apply – please refer to https://www.revenuesa.sa.gov.au/stamp-duty-land for more information. If you are eligible, your conveyancer can assist with the application process.
Can I do my own conveyancing?
While it’s legal to handle your own conveyancing, it’s not recommended due to the complexities of property laws. Hiring a professional reduces risks and ensures accuracy.
How do I transfer property after a divorce or separation?
Property transfers between spouses or former partners usually involve a court order, binding financial agreement, or mutual consent. A conveyancer can assist with lodging the transfer documents and minimising stamp duty where exemptions apply.
What is a Certificate of Title?
The Certificate of Title is a legal document detailing property ownership and any easements, encumbrances or restrictions affecting it.
What is stamp duty, and how much will I have to pay?
Stamp duty is a government tax on the purchase of property, you can use the Lands Services SA calculator (https://www.landservices.com.au/land-division/fees,-guides-and-forms/property-transfer-fee-calculator) to estimate costs. Our team can also assist you to calculate stamp duty payable.
Our Conveyancing Settlement Partners
