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Transfers to ‘third parties’ in a property settlement

You don’t have to pay stamp duty when you are receiving the transfer of a real property, if such transfer is part of a family law property settlement.

You should note that a family law order will also provide a stamp duty exemption when the property is transferred to a ‘third party’, for example one of the parties’ children or more commonly a trust or a company. This however is not the case with a property settlement finalised by a Financial Agreement. A Financial Agreement will not provide a stamp duty exemption when property is transferred to a ‘third party’. This is something you and your lawyer should consider when deciding how best to finalise your property settlement.