Non-Standard Title Transfers

Property Transfers Beyond the Ordinary

Ownership can change for many reasons, each with its own legal, stamp duty, and tax considerations. We can help with Non-Standard Title Transfers.

Changes of ownership aren’t always sales

Is your property matter something other than buying or selling?

We can help with:

🔹 Deceased Estates
Transfer property following the death of a joint owner, including transmission applications and transfers to beneficiaries.

🔹 Probate & Letters of Administration Transfers
Managing the transfer of property from an estate to executors, administrators, or beneficiaries.

🔹 Family Law Transfers
Property transfers arising from separation or divorce, including transfers pursuant to Binding Financial Agreements and Family Court Consent Orders.

🔹 Family Property Gifts
Giving property to a family member? We can prepare Deeds of Agreement, Loan Agreements, and advise on stamp duty implications.

🔹 Changing Ownership Structures
Converting ownership from Joint Tenants to Tenants in Common to support your estate planning and succession goals.

🔹 Subdivisions
Managing title changes and legal requirements associated with subdividing land.

🔹 Partitions
Where co-owners want separate ownership of different portions of a property. Commonly used for family duplex developments, allowing each owner to hold title to their own dwelling.

Qualified Property Lawyers for Complex Property Transitions

Some property matters require more than standard conveyancing. As experienced property lawyers, we can advise on the legal, stamp duty, ownership, and structuring issues that often arise in complex transfers.

Clear advice. Practical solutions. Smooth property transitions.

Property Title Transfer Services

Navigating Ownership Changes Beyond Standard Buying and Selling

Whether you are transferring property to a family member, updating ownership after a separation, or managing a deceased estate, our property lawyers handle the complex legal and stamp duty requirements to ensure a seamless transition.

  • Transmission

    When a partner or parent passes away, we smoothly manage the legal transfer of property title—whether updating a survivorship application from joint tenants to a sole owner, or executing a transfer with Probate and Letters of Administration.

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  • Partition

    If you are building a duplex with family or splitting a block of land into two or more lots, our property lawyers handle the entire legal partition process from start to finish.

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Why Choose Us

Qualified Property Lawyers for Complex Legal Transitions

Because we are property lawyers, not just conveyancers, we have the specialised legal expertise required to navigate the strict stamp duty laws, family court orders, and probate requirements that standard buying and selling processes don't cover.

  • Client-Centred Communication

    Clear explanations, advice and support when you need it.

  • Responsive & Flexible

    Available online, in person or by phone. There when you need us, including after hours.

  • Conveyancers & Solicitors

    Additional expertise and experience for complex matters.

  • Can Do Attitude!

    Because we care.

Could not recommend a better team to help me with my complex scenario

Could not recommend a better team to help me with my enquiry and complex scenario. Tanya helped me every single step of the way allowing me to understand the legal process and requirements! Sailay is an absolute gem of an individual! Sailay’s professionalism and attention to detail made my experience a breeze!

If you want a good night’s rest knowing your case is taken care of, ask for Sailay and Tanya!

Shabnam Amadzai

Ready to update your property title?

Property transfers involve strict legal and stamp duty rules. Get clear guidance from our property lawyers today.

FAQs

Frequently Asked Questions

Practical advice and expert tips to help you feel confident at every step of your property journey.

My mum has died and she and dad’s only asset is their home. Do I need to apply for probate?

If the family home is owned as joint tenants and your mum’s personal (not joint) assets are less than $100,000 then you may not need to apply for probate, and we can transfer the family home into your dad’s sole name after you send us the death certificate.

Call us and we can tell you if this applies to your circumstances.

We are getting a divorce and separating our finances with a Binding Financial Agreement which says that I will get the family house. Will we have to pay stamp duty to have it transferred into my sole name?

If you have a Binding Financial Agreement BFA under the Family Law Act 1975 that says the property is to be transferred to you then you should not have to pay stamp duty and will only have to pay a small processing fee.

My partner and I own our family home as joint tenants but I want to give my share of the house to my children in my Will.

As joint tenants you both own the property 100% so if one of you dies the other still owns the property 100% and so if once of you dies the property does not form part of their estate. This means that the deceased cannot gift the property in their Will.

Most couples own property as joint tenants. If you want to give your 50% share of the property to your children when you die then you would have to own the property as tenants in common 50/50.

Until recently, if you wanted to transfer from joint tenants to tenants in common you would have to pay full stamp duty on the 50% transfer which would be very expensive. Revenue NSW now consider this kind of transfer does not change the beneficial interest so it may not attract stamp duty.

There also may be other matters to consider such as the Family Law Act, the Family Provisions Act and the Succussion Act.

We can explain the options and change your title from joint tenants to tenants in common 50/50.

Ask us how.

I want to give my house to my son. Can I do this without a contract for sale?

You do not necessarily need a contract for sale to transfer your house to your son.

However, you will pay stamp duty on the full value of the Property.

As it's not an arm’s length transaction, you will need a registered valuation of the property. We can organise this for you.

We can also draft a Deed of Agreement to ensure the agreement terms are clear and that other family members are aware and have been considered to avoid issues or claims in the future. You may also want to update your Will to take into consideration the gift.

We can do this for you, too.

We are building a duplex on the land where the family home is. My parents are contributing the land, and we are paying for the building costs. What do we need to do to end up with a duplex where one side is owned by my parents and one side is owned by me?

Please contact us before you do anything! You will need to enter into a Deed with your parents setting out the transaction agreement, transfer the land into all parties names before you start the build; once the duplex is built you will need to get a registered valuation for stamp duty and then split the title in a process called “Partition” so that you become the owner of one side of the duplex and your parents end up with the other side of the duplex. We can help. We can save you from making the common mistakes and structure the transaction to minimise stamp duty.