Property Transfers in NSW — Family, Gift & Estate Transfers
Legal transfer of property ownership in NSW without a traditional sale. We handle family transfers, gifts, relationship breakdowns, and deceased estate property transfers with clarity and care.
Quick Answer
A property transfer in NSW is the legal process of changing a property's ownership without a traditional arm's-length sale. Common transfer types include transfers to a family member, gift transfers, transfers following a relationship breakdown or divorce, and transfers from a deceased estate. Stamp duty exemptions or concessions may apply in certain circumstances. Elyment Conveyancing handles property transfers from $1,500 + GST across NSW.
How It Works — Step by Step
Our streamlined process keeps you informed at every stage of your property transaction.
Initial Consultation
We discuss the nature of the transfer, the relationship between parties, and whether any stamp duty exemptions apply. We confirm what documents are required and provide a fixed-fee quote.
Stamp Duty Assessment
We assess whether the transfer qualifies for a stamp duty exemption or concession under the Duties Act 1997 (NSW). Common exemptions apply to transfers between spouses, transfers under a financial agreement, and certain family farm transfers.
Document Preparation
We prepare all transfer documents including the Transfer form, any required statutory declarations, and Revenue NSW duty forms. For deceased estate transfers, we review the Grant of Probate or Letters of Administration.
Mortgage & Bank Coordination
If the property is subject to a mortgage, we liaise with the lender to arrange a consent to transfer or a refinance. Some transfers require the mortgage to be discharged and re-drawn in the new owner's name.
Revenue NSW Lodgement
We lodge the transfer documents with Revenue NSW for duty assessment and obtain any necessary duty exemption certificates. This step is critical to confirming the correct stamp duty treatment.
Title Registration
We register the transfer with NSW Land Registry Services via PEXA (electronic settlement). You will receive a copy of the updated title confirming the new ownership details.
Property Transfer
From $1,500 + GST
All-inclusive. No hidden fees. No surprises.
Why Choose Elyment Conveyancing
Stamp Duty Exemption Expertise
We identify all available stamp duty exemptions and concessions in NSW. Transfers between married or de facto partners, court order transfers, and certain family transfers may be fully exempt from duty.
Family Transfers Handled Sensitively
Property transfers often occur in emotional circumstances — relationship breakdowns, deceased estates, or family restructuring. We handle these matters with professionalism and care.
Deceased Estate Transfers
We manage the legal transfer of property from a deceased estate to beneficiaries or executors, working with Probate Orders and Letters of Administration as required.
Relationship Breakdown Transfers
Transfers ordered by the Family Court or made pursuant to a Binding Financial Agreement (BFA) or Consent Order may attract full stamp duty exemption. We confirm your position.
SMSF Property Transfers
We assist with transfers of property into or out of Self-Managed Super Funds (SMSFs) in NSW, coordinating with your SMSF trustee and accountant.
Fixed-Fee Transparency
Our transfer fees are fixed and agreed before we start. You'll know exactly what you're paying, with disbursements itemised separately.
Frequently Asked Questions
Common questions about property transfer in NSW.
It depends on the relationship and the circumstances. Transfers between married or de facto partners are generally exempt from stamp duty in NSW. Transfers to children, siblings, or other family members are usually not exempt and stamp duty applies at the standard rate (calculated on market value). We assess your specific situation at the initial consultation.
To transfer property to a family member in NSW, you need to: prepare a Transfer form, obtain a stamp duty assessment from Revenue NSW, pay any applicable duty, and register the transfer with NSW Land Registry Services. If there is a mortgage on the property, you also need the lender's consent. We handle all of these steps on your behalf.
A gift transfer (sometimes called a voluntary transfer) is where the property owner transfers ownership to another person for nil consideration (no payment). In NSW, stamp duty is generally still payable on gift transfers unless a specific exemption applies. Duty is calculated on the unencumbered market value of the property.
Property from a deceased estate in NSW is transferred to beneficiaries or sold under the authority of a Grant of Probate (if there is a Will) or Letters of Administration (if there is no Will). We review the Probate documents, prepare the Transfer form, and register the transfer. Deceased estate transfers to beneficiaries are generally exempt from stamp duty.
A straightforward property transfer in NSW typically takes 4–8 weeks. The main variable is the time to obtain a stamp duty assessment from Revenue NSW and bank processing time if a mortgage is involved. Deceased estate transfers may take longer if Probate is not yet granted.
Yes. CGT may apply to transfers of investment properties, even if the transfer is at no cost (such as a gift). Your accountant should advise on the CGT consequences of any transfer. Transfers between spouses may defer CGT in some cases. We recommend obtaining tax advice before proceeding.
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