Other Property Transactions

We will prepare the documents for your transaction, obtain a stamped transfer of land, and satisfy all of the State Revenue Offices' requirements. We will also transfer ownership of the property as requested by you.

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Our qualified property lawyers will prepare your contract of sale and vendor statement (Section 32).

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Our office can also assist you with the following transactions:

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Spousal property transfers
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Property transfers between related parties
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Transfers following a breakdown of marriage
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Transfers between various entities
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Removal of names from title
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Subdivision applications

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Stamp duty refund applications

Have you paid too much stamp duty?

You may be eligible for a principal place of residence, first home owner grant or pensioner concession. We can assist you to obtain a stamp duty refund from the State Revenue Office. We will prepare the documents for your refund application and satisfy all of the State Revenue Office’s requirement.

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Plan of subdivision

Subdivision involves the division of land into separate parcels, known as lots. The process of subdivision is often complicated and can be stressful for property owners. Our office can liaise with your building surveyor, the local council and prepare all documents to lodge a subdivision application with land registry. We are registered with both PEXA and SPEAR.

Frequently asked questions

We are here to answer all your legal and conveyancing questions. Below you will find answers to critical questions in the conveyancing process.

Property can be owned between more than one person as either joint tenants or as tenants in common.

With joint tenants the surviving co-owner will automatically receive the deceased’s share in the property regardless of any provisions in the will of the deceased. The deceased’s name is removed from the title and the surviving co-owner remains on the title. Spouses usually buy their home as joint tenants.

With tenants in common, parties can have equal or unequal ownership shares in the property. Unrelated parties or investors who want their own families to inherit their share in the property generally elect this form of ownership. The share in the property can vary from 1% to 99%

A tenants in common agreement is an agreement between co-owners property. It is advisable to enter into such an agreement when property is acquired by more than one party as tenants in common. 

The agreement sets out the terms and conditions relating to the acquisition of the property, the use of the property, the ongoing obligations during the term of ownership and the rights of the parties if the property is sold. Addressing all terms and conditions upfront provides transparency to all the parties and gives certainty to the partnership. 

The form of the agreement may vary depending on whether the property is purchased by the owners for occupation, for investment or when the property is only occupies by of the owners and not the other.

Retaining safe custody of your property title is important as it can be costly to obtain a replacement from the Land Titles Office.

A misplaced or lost property titles will need to be retrieved before any transaction such as a sale or mortgage is processed.

The following items will need to be attended to before the lost title application is lodged with Land Titles Victoria:

  • Making extensive enquiries as to whom the title was last issued to (including ordering an issue search);
  • Drafting a statutory declaration explaining all necessary steps have been taken to locate the missing title;
  • Obtaining statutory declarations from individuals and any entity (including banking institution) to whom the title was last issued to;
  • Paying of indemnity contribution (i.e. insurance) which is currently capped at $200;
  • Paying PEXA (electronic platform) lodgement fees of $16.06; and
  • Paying the titles office application fee which currently stands at $197.00.

 

Upon review of the documents Land Titles Victoria will issue a replacement/new title.

Spouses and domestic partners tend to transfer property between each other.

Before 1 July 2017, transfers between spouses or domestic partners were exempt from duty regardless of the type of property. Since 1 July 2017, only transfers of a principal place of residence (PPR) made for no consideration are exempt. There has been no change to the exemption for transfers resulting from the breakdown of a marriage or domestic relationship.

The principal place of residence requirement requires the property to be a residence property and at least one person in the relationship must live in the property as their principal place of residence (PPR) for a continuous period of at least 12 months commencing within 12 months of the transfer.

The no consideration requirement requires the transfer of land document to state “no consideration” as opposed to a monetary sum of consideration.