Property transfers – between family members, separating couples, or after a death – can be emotionally charged and technically complex. You need someone who can combine empathy with clear, firm guidance and accurate legal work. That’s exactly how we operate.
We take the time to understand the story behind the transfer: what you’re trying to achieve, any family or financial considerations and the timeframes you’re working
with. Then we walk you through your options in straightforward language, explaining what needs to happen, who needs to sign what and how the transfer will affect the title and outgoings. Because we’re committed to legal precision and compliance, we make sure all documents line up – from title information and transfer forms to stamp duty and any
supporting agreements. We liaise with banks, other advisors and (where applicable) your lawyer to ensure the transfer is properly documented and registered, not just “done quickly”.
And we know you’re often dealing with other stresses at the same time. Our timely execution and proactive communication mean fewer surprises, less chasing and a smoother path to getting the property in the right names.
1
We discuss why the property is being transferred (family transfer, relationship breakdown, survivorship, restructure, etc.), who currently owns it and who it will be transferred to. We clarify objectives, timeframes and any existing loans.
2
We obtain and review the title to confirm current ownership, mortgages, caveats, and other interests affecting the property. This ensures that what you think you own matches what the title actually shows.
3
If there is a mortgage, we liaise with your bank or broker about whether it will be discharged, refinanced or varied. Where appropriate, we also coordinate with your accountant or lawyer to ensure the transfer aligns with any tax or family law advice they’ve provided.
4
We prepare the required transfer documents, notices and supporting forms, and guide all parties through signing and identification requirements. We also assist with the information needed for duty assessment (noting that any duty advice itself must come from the relevant authority or your tax adviser).
5
We manage the electronic workspace, arrange for discharge or variation of mortgages where required, and lodge the transfer for registration so the title is updated into the new name(s).
A transfer changes who owns the property without a standard “arm’s-length” sale – for example, between spouses, family members, related entities or after a death.
Yes. Even where consideration is low or nominal, titles, mortgages and duty still need to be handled correctly. Errors now can cause major headaches later.
It depends on the circumstances and current law (for example, certain transfers between spouses or due to a deceased estate may be exempt or have concessions). We’ll help you provide the right information, but duty outcomes must come from the State Revenue Office.
Yes. We can implement the transfer aspects of your family law agreement or orders by preparing and lodging the property transfer documents and liaising with your lender where needed.
We can assist with transfers by survivorship or from an estate to beneficiaries, working alongside your estate lawyer to make sure the title is updated in line with the will or court documents.
Timeframes vary depending on lender involvement, duty assessment and how quickly documents are signed and returned. We’ll outline an expected timeline at the start and keep you updated along the way.
Definitely. Many transfers have tax or structuring implications, so we’re happy to work with your other advisers to ensure the legal paperwork matches the strategy they’ve recommended.
We can’t act where there is a conflict of interest between parties. In those situations, each party usually needs their own independent legal advice. We can discuss what’s appropriate once we understand your scenario.
Find answers to common conveyancing questions below. If you require additional information or clarification, our friendly team is always available to assist you.
Contact AFJ Conveyancing today to discuss your property needs. Our experienced conveyancers are ready to provide expert guidance and support for your transaction.
