Matrimonial transfers

Transfers by court orders

Conveyance duty is not imposed on the transfer of dutiable property located in the ACT if the transfer is made under the Family Law Act 1975 (Cwlth) or the Married Persons Property Act 1986, or any other order of a court.

Transfers by court order are exempt from duty as it is for the distribution of property as a result on the end of a relationship between partners.

Transfers by Binding Financial Agreement

Conveyance duty is not imposed on the transfer of dutiable property located in the ACT if the transfer is made under a Binding Financial Agreement under sections 90B, 90C or 90D of the Family Law Act 1975 (Cwlth) that states:

  1. The transfer is consequent on the dissolution, annulment or irretrievable breakdown of a marriage and that there is no likelihood or cohabitation being resumed; and
  2. The property is matrimonial property; and
  3. The transfer is to either party of the relationship or to children of the relationship or a person in trust for the children.

Transfers by Binding Financial Agreement

Conveyance duty is not imposed on the transfer of dutiable property located in the ACT if the transfer is made under a Binding Financial Agreement under sections 90UB, 90UC or 90UD of the Family Law Act 1975 (Cwlth) that states:

  1. The transfer is consequent of the end of a de facto relationship between parties; and
  2. The property is relationship property; and
  3. The transfer is to either party of the relationship or to children of the relationship or a person in trust for the children.

Transfers by Binding Financial Agreement

Conveyance duty is not imposed on the transfer of dutiable property located in the ACT if the transfer is made under a domestic relationship agreement, or a termination agreement under the Domestic Relationships Act 1994, if:

  1. The agreement is in writing and signed by each party; and
  2. The agreement is accompanied by certificates of independent legal advice provided to each party (section 33(1)(d); and
  3. The transfer is consequent on the end of the domestic relationship between parties; and
  4. The property is relationship property; and
  5. The transfer is to either party of the relationship or to children of the relationship or a person in trust for the children.
Have you entered an agreement to transfer dutiable property in the ACT?