It’s been a while since I’ve made a post here but recently a close friend who owns a property jointly with their partner has gone through a separation which has brought about a few questions. It has been decided that my friend will take full ownership of the property and the title will be in her name only. I just wanted to understand how this transfer of title works? Does my friends partner need to pay capital gains tax on the half of the house he is transferring? How is the payout calculated? Could any capital gains saving be forwarded on (in part) to my friend in the way of a discounted payout?
However, if it is a transfer related to a breakdown of a marriage/defacto it can be exempt from both. Your friend will inherit any CG with the property so this will be extra tax in the future and should be taken into account.
First get the finance sorted, then seek legal advice.
Thanks for the response Terry, this is a huge help – had one more question for you if you get a chance.. the title transfer would be due to a marriage breakup so it seems the exemption of CG and stamps would apply however to qualify for this exception does the title transfer need to go into my friends name or can it go into someone elses? My friend has seen a broker since my last post and will not be able to afford the repayments if the entire property is in her name. I could potentially buyout the ex-partner and take on half the repayments, however if his half of the title was transferred to my name would the tax exemptions still apply?