Family Law Transfers
Transferring property as part of a separation, divorce, or family arrangement. We handle the transfer correctly and help you claim any stamp duty exemption you’re entitled to.
When a relationship ends, or when a family rearranges how it owns property, the title often needs to move from one person to another. Where that transfer is made under a family court order or a binding financial agreement, it may qualify for a stamp duty exemption. Our role is to carry out the property transfer itself — preparing the documents, applying for any exemption you’re entitled to, and lodging everything correctly with Titles Queensland.
What’s Included
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Transfer Clause Review
We review the property transfer clause of your court order or financial agreement — the part relevant to the transfer we’re conducting.
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Stamp Duty Exemption Application
Where the transfer qualifies, we apply for the relevant stamp duty exemption so you don’t pay duty you don’t have to.
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Transfer Document Preparation
We prepare the transfer documents and forms needed to move the property into the correct name.
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Liaising & Lodgement
We liaise with your family lawyer where needed, and lodge everything with Titles Queensland through to registration.
Please note — the scope of our role
We carry out the property transfer set out in your family court order or binding financial agreement. We review only the parts of that document relevant to the transfer itself — we do not review the order or agreement in full, and we do not advise on its meaning or effect beyond the property transfer we are conducting. For advice on your order or agreement as a whole, you should speak with your family lawyer.
Who This Is For
Family law transfers cover a range of situations, including:
- Separating couples — transferring the family home from joint names into one name.
- Divorcing couples — giving effect to a property settlement set out in a court order.
- Couples with a binding financial agreement — transferring property in line with the terms of a BFA.
- Family lawyers — referring the property transfer side of a settlement to a conveyancer who’ll handle it cleanly.
If you need a property transferred that isn’t related to a family law matter, see our Title Changes & Transfers page.
How It Works
1
Get in Touch
Contact us with the details of your transfer and your court order or financial agreement. We’ll confirm scope and quote a fee.
2
We Prepare the Documents
We prepare the transfer documents and any exemption application, then arrange for signing.
3
We Lodge & Confirm
We lodge with Titles Queensland and confirm with you once the transfer is registered.
Frequently Asked Questions
Do you review my whole family court order or financial agreement?
No. We review only the parts of your court order or binding financial agreement that relate to the property transfer we’re carrying out. We don’t review the document in full, and we don’t advise on its meaning or effect beyond that transfer. For advice on your order or agreement as a whole, your family lawyer is the right person to speak with.
Do I need a family lawyer as well as you?
In most cases, yes. A family lawyer advises on your settlement and prepares the court order or binding financial agreement. We then carry out the property transfer that the order or agreement requires. The two roles are separate and complementary — we’re happy to liaise with your family lawyer to keep things moving smoothly.
Will I have to pay stamp duty on the transfer?
Property transfers made under a family court order or binding financial agreement often qualify for an exemption from transfer duty. Whether your transfer qualifies depends on the type of document and your circumstances. We’ll check this and, where the exemption applies, prepare and lodge the application for you.
What if there’s a mortgage on the property?
If the property has a mortgage, the lender will usually need to be involved — whether that’s discharging the existing loan, releasing one party from it, or refinancing into one name. We’ll let you know what’s required, though arranging finance itself is something you’ll handle with your bank or broker.
How much does a family law transfer cost?
Family law transfers are priced according to complexity, since each matter is a little different. See our pricing page for the current range, and we’ll confirm where your matter sits before any work begins.
Can you handle the transfer if my settlement isn’t finalised yet?
We carry out the transfer once there’s a court order or binding financial agreement in place that sets out what’s to happen with the property. If your settlement is still being negotiated, that’s the stage for your family lawyer. Once the order or agreement is finalised, get in touch and we’ll take care of the transfer.
Ready to get started?
Book a free consultation and we’ll walk you through your options.