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Related-Party Transfer

We assist our clients with related party transfers of residential and commercial property by taking all necessary steps to ensure that our clients’ transfers are completed as efficiently and effectively as possible. 

We act in related party transfers arising from separation and divorce (pursuant to binding financial agreements or court orders), or arising in any other circumstances between cooperative and non-cooperative parties, including, for example:

  1. post-family law property settlement transfers;

  2. transfers between spouses and other family members;

  3. inter-entity transfers; and

  4. transfers between existing co-owners.

We work closely with our clients’ existing professional advisors (such as a family lawyer who has completed the family law property settlement) to ensure that transfers are completed in line with any time frames required.

A basic outline of our involvement tends to include the following steps:

  1. Conducting/reviewing current title search;

  2. Providing written advice outline of steps and information required;

  3. Drafting Form 1 Transfer with Form 24;

  4. Drafting Form OSR D 2.1, 2.2 and 2.3;

  5. Assessing transfer documents for transfer duty;

  6. Arranging settlement with financier if required;

  7. Conducting a final title search and lodging a priority notice;

  8. Attendance at settlement if required by financier;

  9. Providing the fully signed and stamped Transfer documents to the financier if required;

  10. Lodging documents at the Titles Registry if required; and

  11. Providing the Registration Confirmation Statement if we attend to registration.

 While we cannot know until we have the facts and circumstances of each matter, a number of related-party transfers can be exempt from transfer duty or attract concessions from transfer duty. For example, transfers completed pursuant to a Binding Financial Agreement or Court Orders are exempt from transfer duty and registration fees and transfers of a family home from one spouse who owns the whole property to the other spouse so that the two of them hold the property in equal shares is exempt from transfer duty. As part of our retainer, we apply for / request these exemptions from the relevant authorities.

Our experienced and dedicated team of property lawyers, led by Simon LaBlack, 1 of only 29 accredited property law specialists in Queensland, assist our clients with all manner of acquisitions and disposals including related-party transfers. We provide specialist property law advice that is understandable, meaningful and tailored to each client’s specific circumstances, so that at any given time our clients can make informed decisions regarding important matters such as succession, type of ownership (joint tenancy/tenancy in common), transfer duty, changes of name and consideration (payment) arrangements.

For expert specialist assistance with any related party transfer or any other acquisition or disposal matter, contact our specialist property team today. 

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Important Disclaimer: The material contained in this publication is of a general nature only and is based on the law as at the date of publication. It is not, nor is it intended to be, legal advice. If you wish to take any action based on the content of this publication, we recommend that you seek professional advice.