I'm looking to change the title on my house back into my name instead of joint names between my ex and I. We have verbally come to an agreement which sees the title to be given soley to me and I have given her a few goods around the house in slight compensation. She is willing to put this into an affidavit that I take 100% of the house.

I know I'm one of the lucky ones to be afforded this opportunity but I want to know what is the best way to go about this before she changes her mind. Speaking to some people they have mentioned some form which I lodge through the family court? The name escapes me. If I go down the Department of State Revenue path, they want me to pay $3000-4000 to get it changed but I'm sure there is an easier, cheaper way.

Interested in people's opinions that have been or know of someone who is/was in a similar situation.

J

you can't escape stamp duty

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There's a hoon in every Typhoon

I'm going through the same drama right now, and unfortunately there is no Cheap way around it...

Best option is to just sell the house and start again WITHOUT HER... hmm works if the ex wants to sell and doesn't have you by the nuts .

Good Luck

I found this courtesy of my dad.

Marriage or De Facto Breakdown
After the breakdown of a marriage or de facto relationship property is often transferred to one of the parties to the relationship.

A transfer of dutiable property as a result of a breakdown may be liable for nominal duty where the property is transferred under the orders of the Family Court, or in accordance with a financial agreement (as defined under the Family Law Act or Family Court Act).

An agreement or order made up to one year after the transfer of the dutiable property will be accepted for nominal duty to apply to the transaction. If necessary, the duty on the transfer will be reassessed and a refund issued.

To be eligible the property must be transferred to:

• One or both of the partners
• A child or children of one or both of the partners who is under 18 years of age at the time of the transfer
• A trustee of a child or children mentioned above
• A trustee of a superannuation fund (does not apply to de facto break ups)
When lodging the transfer the following documents should be included:
• Copy of the agreement or court order
• Evidence of the break up of the marriage or de facto relationship (e.g. statutory declaration that the relationship has ended)
• A birth certificate extract for any child that is a transferee
• Any relevant trust deeds (if the property is transferred to a trustee)

More information is available in our Duties Fact Sheet “Transactions Related to the Break-up of a Marriage or De facto Relationship”.

Ok wow... there may be some light at the end of the tunnel.. By Nominal Duty, what do you think they mean?????

The issue you have is also the mortgage and if they will loan to you by yourself if under a joint loan.

Given the value of a house and the probablity of other shit going down, I'd be speaking to a lawyer ASAP.

If an agreement is not drawn up correctly, it may be worthless and leave you wide open.

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[COLOR="Gray"]550Nm off a 2L... Just wish it was in the dak dak...[/COLOR]

ask your bank if they can incorporate the costs into the existing home loan if you dont have the cash upfront.
$5000 or so over the 20 years of a home loan is much easier to live with

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There's a hoon in every Typhoon

You would still need to re-finance the entire loan though.... and most banks will smash you with penalty fees.. there must be a way around this, I'm sure its pretty common!!

Just wait until it gets nasty, she will want to take you for half that house... I'm going with Kato on this one, get a lawyer...

are you both first home buyers?

What happens to the stamp duty if you are? Do you have to pay anything?

I would have thought you go through a settlement agent.

Were you married?

If the transfer is not mandated in the family court there are CGT issues to consider - if the family court orders the transfer then it is likely not a capital gains tax issue.

can agree to go to family court voluntarily to get the order

My advice is to get advice!

BTW - this is not advice.

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Arguably my Automobile is Awash with Alliteration - Subaru Sti S202