Do I have to pay stamp duty if I transfer my property after a divorce?

Do I have to pay stamp duty to transfer a property after my divorce?
Usually, stamp duty is payable on a transfer of property. You may not have to pay stamp duty if you follow this procedure.

Stamp Duty Exemption

If you transfer a share of your property to a former spouse or de facto partner you are NOT liable to pay stamp duty.

transfer of property may be exempt from stamp duty

A transfer of property may be exempt from stamp duty in NSW

The transfer of the property must be in accordance with a Court Order made under the Family Law Act 1975 OR a binding financial agreement made under the Family Law Act.

 

Read more about a binding financial agreement (prenup) HERE.

 

The chosen supporting document, or a certified copy of it, must be lodged with the Office of State Revenue.

Step by Step Guide

You can waive your stamp duty fee by following these steps:

 

1. Get a certified copy of your Court Orders or Binding Financial Agreement. The document will need to say that the property is to be transferred to one of the parties to the marriage.

 

2. Download and Complete the Transfer form from the Department of Land and Property website.

 

3. Download and Complete Form ODA 069 ‘Application for Exemption or Refund – Breakup of a Marriage or De Facto Relationship’ from the Office of State Revenue website.

 

4. Send the above 3 documents to the Office of State Revenue (OSR) to be noted for stamp duty exemption.

 

5. Once approved, the OSR will send the Transfer form back to you. It will be returned stamped and marked ‘Exempt from Stamp Duty’.

 

6. Lodge the stamped Transfer, together with the Notice of Sale, Certificate of Title, fee, Discharge of Mortgage at the Land and Property Information.