I am quite often asked whether stamp duty is payable on a
transfer of real property between a married couple or De facto
partner.
An example of this type of scenario is when a person has
purchased a property prior to commencing their current relationship
and they now wish to put that person on the title to that
property.
I therefore thought it would be a good idea to set out in very
simple terms the circumstances when such a transfer is liable to
stamp duty and when it is not.
Principal place of residence
Firstly, the big one – the family home or as it is
referred to in the industry, the 'principal place of
residence'.
No transfer duty is payable where a transfer of residential land
is between a married couple or de facto partners where the property
is either:
