Hello, me and my ex have separated from a de facto relationship for about a year. She has gotten her Independent Spouse Visa in March 2014.
We have purchased a house in WA with mortgage together in 2013. Although the property has her name on the mortgage, she has not paid a cent for this house. I just used her name for the mortgage as my salary was too low for that loan amount. She still live in the house even we have separated, in different rooms of course. She pays $100/week to live in the master room including all bills.
Now that I want to legally split the property and has got a lawyer to drafted a Binding Financial Agreement. I did tell her about the agreement before I go ahead with my lawyer and paid the fees, she however refuse to sign the agreement now and tried to give me heaps of invalid reason (for eg: her visa will be affected).
She is willing to transfer the ownership to me as long as she does not have to sign the BFA. I do not know what is her reason behind this though, I do not see how signing the agreement will affect her.
My question now is if she really does not sign the agreement, is there any way that I am still eligible for stamp duty exemption? Does the transfer of ownership between spouse incur Capital Gains Tax?
Thank you
We have purchased a house in WA with mortgage together in 2013. Although the property has her name on the mortgage, she has not paid a cent for this house. I just used her name for the mortgage as my salary was too low for that loan amount. She still live in the house even we have separated, in different rooms of course. She pays $100/week to live in the master room including all bills.
Now that I want to legally split the property and has got a lawyer to drafted a Binding Financial Agreement. I did tell her about the agreement before I go ahead with my lawyer and paid the fees, she however refuse to sign the agreement now and tried to give me heaps of invalid reason (for eg: her visa will be affected).
She is willing to transfer the ownership to me as long as she does not have to sign the BFA. I do not know what is her reason behind this though, I do not see how signing the agreement will affect her.
My question now is if she really does not sign the agreement, is there any way that I am still eligible for stamp duty exemption? Does the transfer of ownership between spouse incur Capital Gains Tax?
Thank you