QLD Stamp Duty Exemption on Past Divorce??

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Stavros

Member
14 June 2018
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0
1
Hi Guys,
I was divorced many years ago and I was just advised that I didn't have to pay the stamp duty to have my spouses name removed from our property title.
In a nutshell, we were in the process of getting divorce, she wanted to purchase an asset and required having her name removed from the title before the divorce was finalized. I agreed to it and paid the stamp duty to do so.
Our divorce came through many month later however I was unaware that I might have been able to avoid the stamp duty payment.
Is this true and is there anything that I can do about it now?
If you can let me know please.
Stavros
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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2,894
Gold Coast, Queensland
lawtap.com
Section 499(5) of the Duties Act 2001 (Qld) provides that an application for reassessment may be made within 1 year of the duty event happening. It sounds like you're out of time.

I haven't considered whether or not you have a valid case for reassessment, time period aside.