Why “just putting it in her name” is never just paperwork

People usually arrive at this with a simple sentence in mind. We want to put the house in both our names. Mum wants to transfer the unit to me. We’re separating and I’m taking the house. Each of those is a transfer of an interest in land, and each one is a transaction that Revenue NSW will look at, that the Land Registry has to register, and that your lender will have a view about.

The good news is that some of these transfers attract no transfer duty at all. The bad news is that the exemptions are narrower than most people assume, and the most expensive mistakes are made by people who assumed they qualified and only found out afterwards.

Transfers between spouses and de facto partners

NSW has a specific exemption for transfers between spouses and de facto partners. Broadly, no transfer duty is payable where the property being transferred is the couple’s principal place of residence and, immediately after the transfer, the two of them hold it in equal shares as joint tenants or tenants in common.

Two parts of that trip people up.

• It has to be the home you actually live in. An investment property transferred between spouses does not attract this exemption. It is dutiable on market value like any other transfer.
• You have to end up 50/50. Transferring so that one spouse holds 70% and the other 30% does not meet the requirement, even between spouses in a home they both live in.

Transfers because a relationship has ended

There is a separate and broader exemption where property is transferred because a marriage or de facto relationship has broken down. It is not limited to the family home and it does not require an equal split — that is the whole point of it, since separating couples are usually dividing assets, not sharing them.

What it does require is the right paperwork. The transfer generally needs to be made under a binding financial agreement, consent orders, or a court order — not simply on the basis that the two of you have agreed between yourselves. Getting the family law documentation right first is what makes the duty exemption available, and it is a common sequencing error to do the transfer and then try to paper it afterwards.

Transfers to any other related party

Everything outside those two categories — parent to child, child to parent, between siblings, to or from a family company, into or out of a family trust — is a related party transfer. These are dutiable, and this is where the biggest surprises happen.

The critical point is this: duty is assessed on the market value of the property, not on the price the parties agree. If a parent transfers a $900,000 townhouse to a child for $1, or for the balance of the mortgage, duty is still calculated on the $900,000. Selling to family cheaply moves the benefit; it does not move the duty.

Because duty follows value, Revenue NSW generally requires evidence of the property’s value to support the assessment. In practice that usually means a valuation from a registered valuer, which is a separate cost paid to a third party, not part of our fee. We will tell you at the outset whether one is likely to be needed.

How the common transfers compare

This table is a guide to the shape of the rules, not a substitute for checking your own facts. Exemptions have conditions, and small differences in circumstances change the answer.

The mortgage is usually the real obstacle

If the property is mortgaged, you cannot simply change who is on the title. The lender holds a security interest and has to consent to the change. In practice, one of three things happens:

1. The lender consents to the transfer and the existing loan continues, sometimes with the incoming owner added as a borrower or guarantor.
2. The lender requires the loan to be refinanced into the name of whoever will own the property afterwards.
3. The loan is repaid and discharged as part of the transfer.

Which of those applies depends on the lender’s credit assessment, not on what the family has agreed. It is worth finding out early, because it can determine whether the transfer is feasible at all, and it usually drives the timing.

What we don’t advise on — and why it matters here

Transfers between family members almost always have tax consequences beyond duty. Transferring an investment property can trigger a capital gains tax event even where no money changes hands, because CGT generally applies on market value between related parties. Land tax exposure can change depending on who ends up owning the property and how. Pension and aged-care assessments can be affected by gifting.

None of that is legal advice, and we do not give it. Corporate Legal provides legal and conveyancing services only. Before you commit to a family transfer, speak to your accountant or financial adviser about the tax position — and then let us handle the transfer itself. We will tell you plainly when we think you need that conversation first.

How the transfer actually happens

1. We confirm the duty position. Which exemption, if any, applies to your facts — before you incur any cost.
2. We check the title and any restrictions. Mortgages, caveats, covenants and anything else that has to be dealt with first.
3. Lender consent or refinance. Usually the long pole in the tent; we start it early.
4. Valuation, if needed. Arranged with a registered valuer where Revenue NSW will want evidence of value.
5. Transfer prepared and duty assessed. We prepare the dealing and lodge it for assessment or exemption with Revenue NSW.
6. Lodgement. The transfer is lodged electronically through PEXA and registered with NSW Land Registry Services, and you receive confirmation of the updated title.

Our fees for title and ownership changes are fixed and published — see the pricing page. Third-party costs like a valuation, and any transfer duty payable, are separate.

This article is general information only, current as at August 2026, and is not legal, financial or taxation advice. It focuses on New South Wales; duty exemptions, thresholds and requirements differ in other states and change over time. Whether an exemption applies depends on your specific circumstances. You should obtain advice specific to your situation before acting. Corporate Legal provides legal and conveyancing services only and does not provide tax, financial or investment advice.