QLD Changing Title Deeds from Tenants in Common to Joint Tenants?

[penella]

My father and brother own a property as tenants in common. Can the title deeds be changed to joint tenants from tenants in common?

If so, can it be done without payment under property law? My father was going to leave it to us in his will, but my brother says he now owns it.

My father is in a nursing facility and I thought it would be part of his asset assessment.

 

[Rob Legat - SBPL]

Yes, it’s entirely possible.

 

[penella]

If it was part of his asset assessment for payment of the nursing facility, wouldn't questions be asked by the government regarding the money if no payment was made, I also thought gifts would incur taxes. So hypothetically my father could transfer the title to any one for no payment?

 

[Rob Legat - SBPL]

"Natural love and affection" is valid consideration for the transfer of property. However, transfer duty would have to be paid on the share being transferred, calculated against the property value.