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Transferring a property in NSW, done properly.
Gifting a home to your children, adding a partner to the title, or removing a name after a separation. We prepare the documents, work out the stamp duty and lodge the transfer, so nothing gets stuck at the Land Registry.
Which transfer is yours?
The type of transfer decides the duty
Transfers between family members are not all treated the same. Find your situation below to see how stamp duty (called transfer duty in NSW) usually applies.
| Your situation | Transfer duty | What it involves |
|---|---|---|
| Gifting to family | Usually payable Charged on market value, even with no money changing hands. | A gift deed, a valuation, and a clear understanding that a gift cannot be taken back. |
| Adding a spouse or partner | Often exempt For the family home or vacant land for a family home, held equally. De facto couples must meet residence rules. | Transfer of Land form, VOI for each party, lender consent if there is a mortgage. |
| Removing a name after separation | Often exempt When the transfer follows a relationship breakdown. Not otherwise. | Documents that match the agreement or court order, and a lender who agrees to the change. |
| Deceased estate | Concessional Where the property passes under the will or intestacy rules. | Probate or letters of administration, then the transfer to the beneficiary. |
| Buying out a co-owner | Usually payable On the higher of the agreed price or the market value of the share. | A valuation, a price agreement, and often a new loan. |
This is a guide to the usual position. Exemptions depend on the facts, so we confirm your duty before you sign anything.
How it works
Four steps, and we handle most of them
Most transfers move quickly once the valuation and lender approval are in place.
- 1
Tell us what is happening
Complete our transfer form. It gives us what we need to act for you and to work out which type of transfer applies.
- 2
Get a valuation
Revenue NSW requires a market value to calculate duty. A registered valuer is the safest route, and we tell you when one is needed.
- 3
We advise and prepare
We explain the duty, tax and lender position, then prepare the transfer and any gift deed for signing.
- 4
Sign, verify and lodge
Everyone verifies their identity, you sign, and we lodge with NSW Land Registry Services so the title is updated.
Stamp duty and valuations
Why you need a valuation
When you transfer a property, you are transferring an interest in the title recorded on the NSW Torrens Register. Revenue NSW charges duty on the higher of the agreed price or the current market value of the share being transferred.
That means a family sale at a “mate’s rate” is still assessed on market value. A valuation from a registered valuer sets that figure. You can start with a bank, a broker or an agent appraisal to get a rough idea, but the formal valuation is what counts for duty.
Gifting a property
A gift needs a signed gift deed. Once the transfer is registered, it cannot be undone. Think about who else might be affected before you commit, including other children and your own future needs.
Transfers to a spouse
Moving a name onto or off the title of the family home is often free of duty, but the rules are specific. A transfer after a separation needs paperwork that fits the agreement.
Before you sign
What people forget to check
A transfer is permanent. These are the things that cause problems after the fact.
Your lender
If there is a mortgage, the lender usually has to agree before anyone is added or removed.
Capital gains tax
Gifting or selling below market value can still trigger CGT. Speak to your accountant before you transfer an investment property.
Centrelink and the pension
Gifting an asset can affect age pension and other payments. Check the rules first.
Your will and estate plan
Changing who owns a home changes what your will can do. Review it after the transfer.
How the title is held
Joint tenants and tenants in common are treated differently when an owner dies. We help you choose.
Everyone’s identity
Each person must complete Verification of Identity. Having it ready avoids delays on signing day.
We are not tax advisers. For tax and Centrelink questions, we will point you to the right professional.
Why RM
Property is all we do
We have your back
Expert support at every stage. Each step of your matter is recorded online so you can see its progress anywhere, anytime.
We keep it moving
Transfers often involve a lender, a valuer and several family members. We coordinate them so your matter does not stall.
We do what we say
Plain advice, honest about what is and is not possible, and a real person who answers the phone.
five star reviews on Google from people who bought, sold and transferred property with RM.
Questions we get asked
Transferring property, answered
How do I transfer property between family members in NSW?
You complete a Transfer of Land, obtain a valuation for duty purposes, deal with any lender, and lodge the signed documents with NSW Land Registry Services. If it is a gift, a gift deed is also signed. We handle the preparation and lodgement.
How much does it cost to transfer a house to a family member?
The main costs are transfer duty (unless an exemption or concession applies), the valuation, registration fees and our professional fees. Revenue NSW has detailed information on family transfers. For our fees, get an instant quote.
How do I transfer a house title to my spouse?
No transfer duty is payable on a transfer of residential land between married or de facto partners when the property is either:
- the family home (principal place of residence), or
- vacant land intended as the site of the family home.
The property must be held equally by both partners afterwards. De facto couples must have lived together for at least two years to claim the exemption.
Do I always need a valuation?
Where duty is calculated on market value, yes. A valuation from a registered valuer is the safest evidence. We tell you at the start whether your transfer needs one.
Can I transfer a property that has a mortgage?
Usually yes, but the lender normally has to consent, and may need to approve a new borrower or release an old one. Speak to the lender early so it does not hold up signing.
Do I need a conveyancer or lawyer to transfer a property?
You are not required to use one, but mistakes with duty, title or tax are expensive to fix. A professional also checks that the transfer matches what you intend and lodges it correctly.
What if the owner has passed away?
The property usually passes under the will or intestacy rules once probate or letters of administration are granted. We then arrange the transfer to the beneficiary, and duty is concessional where the transfer follows the will.
Ready to transfer your property?
Tell us your situation and we will tell you what applies, what it costs and what happens next.
Or call (02) 4018 7555, Monday to Friday, 9am to 5pm. Appointments by arrangement.
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