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?
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:
- 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)
- a registered partner (under the Relationships Act 2011).