How to Transfer Property Between Family Members in Victoria

Transferring a property to a family member — whether as a gift, part of a separation, or estate planning — may sound straightforward. But in Victoria, it’s still a legal property transaction that requires professional handling.

At DY Conveyancing Melbourne, we help families manage these transfers with care, clarity, and compliance.

Common Scenarios for Family Transfers

Property transfers between family members are common in situations like:

• Gifting a home to adult children or other relatives

• Adding or removing a partner (e.g. due to marriage, separation, or divorce)

• Inheritance transfers following a death

• Reorganising ownership for tax, financial, or estate planning reasons

Each case has different legal and tax implications — especially when money doesn’t change hands.

Is Stamp Duty Payable?

In many cases, stamp duty is still required, even if no money is exchanged.

Victoria doesn’t automatically exempt family transfers from duty. However, certain exemptions or concessions may apply, such as:

• Transfers between spouses or domestic partners

• Transfers due to relationship breakdown (supported by a Family Court order or Binding Financial Agreement)

• Transfers involving deceased estates

It’s important to get advice before starting — because incorrect handling could result in unexpected duty or fines.

Legal and Financial Requirements

When transferring property between family members, you’ll still need to:

• Prepare and sign a contract of transfer (even if no payment is made)

• Obtain a property valuation — the State Revenue Office requires a current market value

• Lodge a stamp duty application and pay any applicable duty

• Notify your bank if a mortgage exists (some may require refinancing or discharge)

We work closely with your accountant or financial planner to ensure the structure of the transfer supports your long-term goals.

Do You Still Need a Conveyancer?

Yes — even if it’s “just between family.” A conveyancer ensures that:

• All legal documents are prepared and lodged correctly

• Valuation and stamp duty obligations are properly met

• You avoid errors that could delay the transfer or cause future issues

Without professional guidance, family transfers can lead to title problems, tax complications, or disputes later on.

Our Approach at DY Conveyancing Melbourne

We’ve helped many families complete smooth, stress-free transfers. Here’s how we support you:

• Fixed-fee conveyancing with no hidden charges

• Guidance on duty implications and documentation

• Coordination with banks, accountants, or legal advisors

• Clear communication in plain English

Whether you’re gifting a home to your child or restructuring ownership after a relationship change, we’re here to help.

Transferring property to a family member?

Talk to DY Conveyancing Melbourne before you start. We’ll ensure everything is handled legally, efficiently, and with care.