Separation Transfers

Seperation and divorce transfers – all you’ll need to know

Separation and divorce can be emotionally challenging (we totally get it). Our role as professional conveyancers is to assist you to navigate the complex legal requirements involved with separation transfers. This includes the transfer of property at the end of the relationship, which at some point you’ll need to do. To provide you with a better understanding of the process, take a moment to read the questions and answers below:

What happens to property after a divorce?

If a property is not sold and the proceeds divided, it’s common for the property to be transferred into the ownership of one person. Typically, this involves dividing the total pool of assets and liabilities to ensure each person receives their entitled share. Legal assistance is usually required to ensure a fair outcome.

What is the process for transfer?

The process for transfer of property can vary depending on the specific circumstances. Separation transfers can be complex or relatively straightforward (either way, you need professional assistance).  In general terms, the process involves:

• Court Order for property transfer issued upon finalization of the divorce.
• Obtaining a Transfer Form, which can be done by the separating couple or their property lawyer.
• Ensuring the Transferor’s details exactly match the owner’s details on the Title.
• Having the Transfer Form stamped by the Office of State Revenue.
• Obtaining approval for any exemptions, if applicable.
• Lodging the stamped form with the Lands Department.
• Completing the transfer of property and disbursing any funds.

What fees are involved?

The fees for separation transfers can vary depending on the specific property portfolio. It is advisable to seek advice from C&R Settlements Mandurah based on your unique situation. However, here are a few common fees to expect:

Transfers of the marital home marked “Pursuant to Court Order” incur a $20 Stamp Duty fee.

Transfers of other properties, including the division of funds from sold properties, may incur Stamp Duty, which can amount to thousands of dollars.

Settlement agents charge a fee for their services, but these costs are offset by savings in other fees, charges, and potential delays.

Note: Banks may charge early exit fees for mortgages and loans.

Navigating the end of a relationship starts with us