All Topics / Legal & Accounting / Dad, me and the title…

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  • Profile photo of kendo5181kendo5181
    Member
    @kendo5181
    Join Date: 2005
    Post Count: 27

    Hi all,
    Just a quick techy question… My dad helped me to buy a property two years ago, I hold 80% and he holds 20% ownership on title (Vic). He has offered to give up his part to me as a gift!! Woo Hoo!! Does anyone know how I could alter the title to be fully in my name and what it would cost. Thanks.[cigar]

    Profile photo of lifeXlifeX
    Member
    @lifex
    Join Date: 2004
    Post Count: 651

    I’d guess a conveyancer would be the easiest, but if you wanted to do it yourself maybe contact the titles office…

    I’d Try the conveyancer who bought for you, they might give a discount as they have all the paperwork from last time.

    You will probably have to pay stamp duty on the 20%.

    I would also guess that you would have to pay Market Value for the 20% (and tax on any capital gains you make)

    Check with your accountant.

    If it’s a gift, it might be different…..mmmm?


    Live, Learn and Grow

    Lifexperience

    Profile photo of kendo5181kendo5181
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    @kendo5181
    Join Date: 2005
    Post Count: 27

    Thanks LifeX,
    I was under the impression that there may be stamp duty leniancy when title is passed/altered within immediate families? Yes, no maybe?

    Profile photo of asdfasdf
    Participant
    @asdf
    Join Date: 2005
    Post Count: 139

    I believe the exemption may only be available between H & W transfers but I may be wrong. Could extend to father and son? Also depends on the states – easiest just to call their customer enquiry lines. Let us know how you go. Good luck.

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Also, If there is a loan on the property, this will also have to be renegoitated. There may be fees and another application with proof of income etc would probably be required.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of DazzlingDazzling
    Member
    @dazzling
    Join Date: 2005
    Post Count: 1,150

    Hey Kendo,

    We’ve done this three times in the past – “internal shuffling” I call it.

    We’ve paid stamp duty on the title transfer three times. It’s always been between the wife and I, so if you live in a state that allows free transfer between spouses count yourself as one lucky sausage.

    On the Transfer of Land document you shall need to state the consideration. The titles office in your state will check to see that this is 20% of the fair market value of the prop. Don’t try and diddle them….they are pretty cluey and like their duty payable for the State coffers.

    Your bog standard conveyancer can handle this. It cost us $ 250 each time. Right, that’s the title issues sorted.

    The loan docs will probably need unravelling. If you don’t have enough equity in the place or don’t have the demonstrable income to support it, your father may need to go guarantor for a wee while.

    It’s part of estate planning – but watch for your father’s gifting rules…it may come back to bite him in the bum if he is intending to apply for the pension later on down the track. Check the amount of yrs between when the gift is made and when/if he intends to apply for the pension. Perhaps if your father has had the foresight to do this with you, he probably doesn’t need the pension.

    One of Noel Whittakers books (the ‘Living Well in Retirement’ one) gives an excellent run down of the whole process if you are interested in further reading.

    One last thing – you’d better give your old man a big hug and kiss for being so nice to you as well. You are very fortunate.

    Cheers,

    Dazzling

    “No point having a cake if you can’t eat it.”

    Profile photo of MIKALAMIKALA
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    @mikala
    Join Date: 2005
    Post Count: 64

    A bit off the track but it may help others – I could not get finance by myself (single mum with 3 kids) for my POPR so my sister went on the loan and title of property. We had a trust agreement drawn up at the time to outline that my sister had no actual claim on the property (I was paying all of the loan repayments). When I started investing I needed the title cleared in my name only and was able to get it changed over in Titles office without paying stamp duty again for something like $10 – this is in NSW.

    MIKALA

    Profile photo of kendo5181kendo5181
    Member
    @kendo5181
    Join Date: 2005
    Post Count: 27

    Thanks guys and gals, as usual, good helpful information!
    Regards, Kane.

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