How to Transfer a Property Title in Australia

How does a property title transfer work?

A property title is transferred when a signed transfer document is registered at the land registry in the state where the property is. Until registration, the old owner is still the registered proprietor, even if the new owner has paid and moved in.

Australian land is held under the Torrens system, where the government register is the proof of ownership. Our guide to what a Torrens title is explains how that works, and why a small amount of NSW land still sits outside it. In the ACT, homes are held under long government leases, and a sale transfers the lease instead; see what a crown lease is.

Whatever the reason for the transfer, the same pieces have to come together:

• A transfer signed for the current owner, naming the new owner and how they will hold the property
• The duty position: transfer duty paid, or an exemption accepted, by the state revenue office
• The mortgage: any existing lender paid out, or its consent obtained
• Supporting documents for the type of transfer, such as a contract, court orders, a death certificate or probate
• Registration at the land registry, with its fee

How to transfer a property title, step by step

These are the steps for most transfers in every state. A sale adds a contract and settlement on top, and a death adds probate or a death certificate, but the core is the same.

1. Confirm the title details. Order a title search to see who is registered, how they hold the property, and any mortgages, caveats or other interests on the title.
2. Work out what the transfer needs. A sale needs a contract, a gift or family transfer needs a market valuation for duty, a separation needs court orders or a financial agreement, and a death needs a death certificate or probate.
3. Deal with any mortgage. The lender must either be paid out at settlement or consent to the transfer, which may mean refinancing or adding a borrower.
4. Check duty and tax. Confirm whether duty is payable on the transfer or an exemption applies, and get tax advice on capital gains tax if the property is not the owner's main residence.
5. Prepare and sign the transfer. A conveyancer or solicitor prepares the transfer and supporting forms, verifies each party's identity and arranges signing.
6. Have the duty assessed and paid. The transfer is assessed by the state revenue office, usually online by the conveyancer, and the duty is paid or the exemption recorded.
7. Lodge for registration. The transfer is lodged with the land registry, usually electronically through an e-conveyancing platform, together with any discharge or new mortgage.
8. Check the new title. Once registered, a title search confirms the new owner, and council, water and insurance records are updated.

Transferring a title when a property is sold

On a sale, the transfer is one part of the conveyancing. The seller signs the transfer, the buyer pays the price at settlement, and the transfer is registered so the buyer becomes the owner.

Before that, the buyer and seller sign a contract of sale, the buyer's conveyancer checks the title and searches, and both sides prepare for settlement. Most settlements now happen electronically, with the money and the documents exchanged at the same moment and the transfer lodged for registration straight away. Duty is assessed on the purchase price or market value, whichever is higher, and is usually paid at settlement. For what is involved when buying, see residential purchase conveyancing.

How to transfer property to a family member or as a gift

A gift or family transfer uses the same transfer document as a sale, but no contract or purchase price is needed. The key difference is how duty and tax are worked out.

• Duty on market value: revenue offices generally assess duty on the higher of the price paid and the market value, so a gift of a property still attracts duty. Victoria's revenue office, for example, says a property received as a gift needs an independent valuation.
• Capital gains tax: the ATO treats a person who gives property away, or sells it to family for less than it is worth, as receiving its market value.
• Spouses and partners: every state and territory exempts a transfer of the couple's home between spouses or partners, if its conditions are met. See adding a partner to a property title, and for the fees involved, the cost of adding a name to a title.
• Children and other relatives: there is generally no exemption, apart from narrow ones such as some family farm transfers. Our guide to transferring property to children as a gift explains the trade-offs.

If the property has a mortgage, the lender must agree before any interest is transferred. A conveyancer handling a property transfer coordinates that alongside the duty assessment.

Transferring a title after separation or divorce

After a separation, one former partner usually transfers their share to the other, or the property is sold. The transfer itself is ordinary, but the duty and tax treatment is different.

Every state and territory exempts, or charges only nominal duty on, a transfer between former spouses or de facto partners made because the relationship has broken down. In most states the transfer must be made under Family Law Act court orders, consent orders or a binding financial agreement. The same documents also allow the ATO's relationship breakdown rollover, so the person leaving is not taxed on a capital gain at that point.

Where there is a joint mortgage, the person keeping the home usually refinances into their own name so the other can be released from the loan. Our guide to buying out a partner's share after separation walks through valuation, refinancing and the duty exemption in each state.

What happens to a property title when an owner dies?

It depends on how the owners held the property.

• Joint tenants: the deceased owner's interest passes automatically to the surviving joint tenant by survivorship, whatever the will says. The survivor lodges an application or notice of death with the death certificate, and the registry removes the deceased owner's name.
• Tenants in common or a sole owner: the share passes under the will, or under intestacy rules if there is no will. The executor or administrator usually obtains probate or letters of administration, is registered as owner by a transmission application, and then transfers the property to the beneficiaries or sells it.

A transfer from an executor to a beneficiary under the will is exempt from duty, or charged only a small fixed amount, in every state, although duty can apply where a beneficiary buys out others or the transfer departs from the will. Our deceased estate property transfer guide sets out each step.

Title transfer forms and land registries by state

Each state has its own land registry, forms and revenue office. Conveyancers lodge most of these documents electronically, so the form names matter mostly if you are lodging on paper or checking what has been prepared.

Electronic lodgement is now the norm. NSW has required it for almost all dealings since 11 October 2021, when paper certificates of title were cancelled. Victoria, Queensland, WA and SA require professionals to lodge transfers electronically, with limited paper options. Tasmania requires individuals to be represented by a lawyer or licensed conveyancer for most dealings. The ACT still accepts paper, and NT transfers are currently lodged on paper.

Transfer duty and registration fees on a title transfer

Most transfers attract two government charges: transfer duty, paid to the revenue office, and a registration fee, paid to the land registry.

• Transfer duty (often still called stamp duty) is usually the larger amount. It is calculated on the higher of the price and the market value of the property or share transferred, at rates that differ by state. Exemptions and concessions cover transfers between spouses of the family home, transfers on relationship breakdown, transfers to beneficiaries of a deceased estate, and some first home buyers. Foreign buyers may pay a surcharge.
• Registration fees are set by each registry and change each financial year. NSW, Tasmania, the ACT and the NT charge a flat fee for a transfer, while Victoria, Queensland, WA and SA scale the fee to the price or value in some cases.

Duty is normally paid before or at settlement, and the registry will not register a transfer until the duty is dealt with. For how duty works in each state, see our stamp duty guide. Current registration fees for each state are listed in our guide to the cost of adding a name to a title, linked above.

Frequently asked questions

This guide is general information, not legal or financial advice. Rules, fees and timeframes change and differ between states, so confirm your own situation with a licensed conveyancer, settlement agent or solicitor.