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?

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    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.
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