Do I have to pay stamp duty to get my husband’s name on the title deed to my house?

My wife and I lived together for a number of years in Queensland before we got married.

Whilst we were in a defacto relationship I bought a house but did not put my wife’s name on the deed.

I now want her name on the deed but need to know if stamp duty is payable?

Add Comment
  • Advertisement:

  • 1 Answer(s)

    The answer is No – not in Queensland.

    You don’t pay duty on the transfer of an interest in your home to your spouse if all the following apply:

      • the transfer is by way of gift (regardless of whether your spouse becomes a borrower on an existing mortgage)

     

      • the transfer is from you to your spouse

     

      • after the transfer, you and your spouse will own the home as joint tenants or tenants in common in equal shares

     

      • the home will be your principal residence.

     

    See section 151 of the Duties Act 2001 for more information.

    ‘Spouse’ is defined as:

    A person who is:

      • married

     

      • a de facto partner (who has lived and is living with the other person on a genuine domestic basis for 2 years or more, regardless of gender)

     

     

    Legal Eagle Answered on 10 September 2015.
    Add Comment

    Your Answer

    By posting your answer, you agree to the privacy policy and terms of service.