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FAMILY / MATRIMONIAL TRANSFER

Life is forever changing for all of us and sometimes the impact of these changes is beyond what we can see in front of us. Such changes can be something positive like marriage or beginning a same sex de facto relationship. Either way McKay Business Services understands the sensitive nature of both.

If you need to transfer a property or business between family members, business partners or as part of a de facto relationship then your conveyancer can prepare the necessary documents for you regardless of whether it is the result of a relationship that has ended or of new beginnings.

When the Family/Matrimonial Transfer is a result of a new relationship then your conveyancer can arrange for the transfer papers to be prepared or registration to take place.

When your Family/Matrimonial Transfer is a result of a relationship that has ended your conveyancer is a good place to start by discussing your situation to help you understand the upcoming steps to take, such as

  • Speaking to a solicitor
  • Arranging court orders
  • And stamp duty exemptions

It is possible for the transfer of property to be FREE of stamp duty under certain conditions, such as

  • A couple that is married to each other
  • A de facto relationship, including same-sex couples that have been cohabitating in a bona fide relationship over a period of more than 2 years.

If you are going through a separation or divorce and your property has to be transferred as part of your property settlement then your conveyancer can prepare the necessary documents for you as well as liaise with the financier. To do this a Family Court Order is needed with clear instructions of the property transaction.

What we do for YOU in a Family/Matrimonial Transfer

  • prepare the legal documentation required to transfer the land including the necessary statutory declarations for stamp duty purposes
  • liaise with your mortgage broker and/or your financial institution to ensure all necessary documentation is completed correctly and is ready for settlement
  • adjust all rates, taxes and levies if required
  • prepare a settlement statement detailing all funds due and payable at settlement
  • disburse any funds at settlement in accordance with any Court Orders
  • advise the various government authorities of the change of ownership

We will be there with you every step of the way to make sure the process is as seamless and stress free as possible.

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