QLD Title deeds name transfer

[Leah Praste]

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.

 

[Rob Legat - SBPL]

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.

 

[Leah Praste]

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