Transferring half of your WA family home to a spouse

Transferring half of your WA family home to a spouse

Under the Western Australian Duties Act 2008 section 97 you may be eligible to transfer half of your home from yourself to your spouse. You then each end up owning the home 50/50.

What do you have to do? It is a six-stage process

1. You email us a copy of the Duplicate Certificate of Title and the completed questions below.
2. We prepare the Transfer and Application which we email to you to sign.
3. You post to us, via Registered Mail

a) Signed Transfer form and signed Application
b) Original ‘Duplicate of Title’ with no mortgage on it (this is your Title Deeds). If there is a Mortgage on the property then the process becomes a lot more complex, telephone us to discuss
c) Cheque: Landgate $171.20 (currently)
d) Cheque: Legal Consolidated $1,500 (including GST) our fees. (If there is a mortgage then the cost is $2,100 including GST)

4. We lodge the Transfer with the application and supporting materials with the Commissioner of State Revenue. The application can take up to 6 weeks to process. (If the application is unsuccessful, this is rarely the case, then we reverse the transaction and return to you both cheques. We will not charge you if the application is unsuccessful.)
5. Armed with the duly stamped Transfer we proceed to lodge the documents with Landgate. We normally get the updated Duplicate Certificate of Title back, duly updated, within 14 days.
6. We post you the Duplicate Certificate of Title by Registered mail and close the file.

Transferring half of your WA family home to a spouse? There are five requirements

Duty is not usually chargeable on the transfer of half your family home to your spouse where:

  1. you are married to each other or in a de-facto partnership of 2 years
  2. the home is used solely or dominantly as both your ordinary place of residence (‘live in it’ test)
  3. the home is a residence used solely or dominantly for residential purposes (‘looks like a home’ test)
  4. you are the sole owner of the home
  5. upon the Transfer taking place, you both own the home 50/50. This can be as either ‘joint tenants’ or ‘tenants in common’.

 

QUESTIONNAIRE – First step: complete these questions and email to us with a copy of the Duplicate Certificate of Title

1) Your full name as it appears on the Duplicate Certificate of Title: …………………..

2) Your address: …………………….

3) Your spouse’s full name: ………………………….

4) Your spouse’s address: ………………………………….

5) Are you married or in a defacto relationship? (circle one)

6) How long have you been in this relationship and living together? …………………………….

7) On what date did you both start living in the home? ……………………………..

8) Is the property used solely or dominantly for residential purposes?  yes / no (you must say ‘yes’ to get the exemption)

9) Decide whether you want the property owned between you as:

a) Joint Tenants (if one of you dies then that half of the property goes the survivor without going into the Will)
b) Tenants in common (if one of you die then their half goes into the Will, instead)

10) Your credit card details: Name on card: ………………………………………….. Card number: …………………………………………………. Expiry Date: …… …… / …… ……

If you have any further questions please contact us.

Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, Dip Ed, BArts(Hons), LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
39 Stirling Highway, Nedlands, WA (Post Office Box 5169, Dalkeith, WA 6009)
Mobile: 04777-96959
Direct: 08 6389-0400
Reception: 08 6389-0100
Email: [email protected]
Skype: brettkennethdavies

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