RELATED PARTY PROPERTY TRANSFERS

Yes. Even if there’s no real estate agent involved, property transfers between family members or related parties must still go through the legal settlement process. A licensed settlement agent is responsible for preparing and lodging the transfer documents, ensuring stamp duty is assessed correctly, and updating the property title with Landgate. Having a settlement agent protects both parties by making sure the transfer is legally valid and completed without delays or errors.

Gifting property to a family member still requires a formal property transfer through Landgate in WA. The process involves preparing transfer documents, checking titles, arranging for stamp duty assessment, and lodging the paperwork. Even if no money is exchanged, the transfer must meet all legal requirements. We handle the paperwork and liaise with government authorities to make sure the transfer is legally sound and recorded correctly.

Not necessarily. In many related party transfers, one settlement agent can act for both parties if there is no conflict of interest. However, if the transfer is more complex — for example, if there are disagreements over value, conditions, or terms — each party may prefer to appoint their own agent. We can advise you on the best approach depending on your situation.

In WA, property transferred between related parties must usually be assessed at market value. This ensures stamp duty is calculated correctly and avoids issues with under-valuation. Market value is generally determined by recent sales data or an independent valuation. We can guide you on what evidence will be accepted and ensure the correct value is applied for your transfer.

In most cases, yes — stamp duty (transfer duty) applies to related party transfers in WA, even if the property is gifted or transferred for less than market value. The duty is usually assessed on the property’s market value, not the amount paid. There are some circumstances where exemptions or concessions may apply, such as transfers under Family Court orders or deceased estates. We’ll help determine the correct duty, check if you qualify for any exemptions, and make sure it is lodged on time.

While it’s possible to transfer property without full market value being paid (sometimes referred to as a “$1 transfer”), the WA Office of State Revenue will still assess stamp duty based on the property’s market value. This means even if the property is gifted, duty is usually payable as though it was sold at its fair value. We’ll ensure the paperwork is lodged correctly and the correct duty assessment is made.

Yes. Property ownership doesn’t always need to be transferred in full — it’s possible to transfer part of the ownership, adjusting the ownership percentages between related parties. For example, one person might transfer a 50% share of a property to a spouse or family member. These partial transfers still require formal documentation, stamp duty assessment, and registration with Landgate. We manage the paperwork and legal requirements to ensure the ownership records are updated correctly.

Yes. We regularly assist with transfers between family members, including siblings, parents and children, or other relatives. These transfers may be part of estate planning, restructuring, or simply gifting property within the family. Our role is to prepare and lodge the documents, manage compliance requirements, and make sure the process runs smoothly for everyone involved.

Not always. A related party transfer still involves preparing documents, assessing stamp duty, and lodging the transfer with Landgate, just like a regular sale. The main difference is that there’s no real estate agent involved and usually no long negotiation process. With everything in order, related party transfers can often be finalised more quickly, but timing still depends on how fast banks, government authorities, and both parties provide the necessary information.