QLD Title deeds name transfer

Discussion in 'Property Law Forum' started by Leah Praste, 23 June 2018.

  1. Leah Praste

    Leah Praste Member

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    How do I go about removing my name from a land title? The property is in my ex partners name and mine. I don’t want any money or anything besides my name being removed.

    Does he have to sign anything? We currently live over 1000 kms apart.

    What if he disagrees? Is there a way I can do it without him? He’s in agreeance at the moment but can be quite spiteful at times.

    I just want to sign my half over to him.
     
  2. Rob Legat - SBPL

    LawTap Verified Lawyer

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    There are two aspects that may cause you issues:

    1. He'll need to sign the transfer document (or a solicitor on his behalf).

    2. Unless you have a valid exemption, transfer duty will be payable on the proportionate value you are transferring.

    A valid exemption could be if the transfer was:

    - Pursuant to a Financial Agreement under the Family Law Act.
    - By order of a Court, including consent orders.
    - Pursuant to a recognised agreement for de factos who have lived together for at least 2 years.

    Simply gifting, without a valid exemption, does not exempt the transfer from duty. Independent evidence of value will need to be produced, and duty will be calculated on that value.
     
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  3. Leah Praste

    Leah Praste Member

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    I’m not too worried about stamp duty. The property is valued at under $5000.

    Hopefully he will agree to sign the transfers then.

    Thanks
     
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