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Transferring Property Within the Family: Stamp Duty and Legal Issues for Victorian Property Between Spouses, Parents and Children

  • November 5, 2026

Home " Legal blog " Uncategorised " Transferring Property Within the Family: Stamp Duty and Legal Issues for Victorian Property Between Spouses, Parents and Children

The direct answer: In Victoria, a transfer of property between family members usually still attracts stamp duty on the market value, even if nothing or only a nominal price is paid. A few cases, such as transferring a home between spouses or partners, may be exempt. A transfer can also raise capital gains tax, land tax, lender consent, and later questions in a separation or estate.

Common family transfers

  • Adding a spouse or partner to the title
  • A parent transferring a property to a child, or a child transferring it back to a parent
  • A transfer under court orders or a binding financial agreement after separation or divorce
  • Moving a property held personally into a family trust or company

Stamp duty

Victoria has no general “family transfer” exemption. A gift or a transfer below value is usually charged duty on the property’s market value. Transfers of a principal place of residence between spouses or domestic partners, or transfers under family law orders, may qualify for an exemption or concession, but each has strict conditions that should be confirmed before signing.

Other issues to consider

  • Capital gains tax: if the property is not the transferor’s main residence, the transfer is generally treated as a sale at market value
  • The effect on land tax, first home buyer concessions and foreign purchaser surcharges
  • If the property is mortgaged, the lender’s consent is needed
  • How adding or changing names affects a later property settlement, estate planning and exposure to debts
  • Where parents provide the money but a child holds the property, put in writing whether it is a gift or a loan

Talk to a lawyer about your situation

Every family’s situation is different, and so are the taxes and procedures that apply. Please book a paid consultation and a lawyer will go through your situation and explain the options. Related service: Melbourne property lawyers.

This article is general information only and is not legal, tax or financial advice. Do not rely on it. Please book a consultation for advice on your situation.

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