My spouse and I have a financial Consent Orders in place that states our family home ownership is to remain in both our names as Joint Tenants, with the power for either of us to re-address this Order when and if we see fit. We have come to a mutual agreement for me to buy her 50% out.
Do we have to go back to the Family Court to have this Order 'negated' somehow first with a new Order, or can we just proceed with this transaction as a normal property sale?
I do understand that proceeding via the Family Court first would mean we could get a stamp duty concession. However, this is not as important to us as proceeding quickly with a normal transfer of ownership and paying the stamp duty.
Do we have to go back to the Family Court to have this Order 'negated' somehow first with a new Order, or can we just proceed with this transaction as a normal property sale?
I do understand that proceeding via the Family Court first would mean we could get a stamp duty concession. However, this is not as important to us as proceeding quickly with a normal transfer of ownership and paying the stamp duty.