how-to guide:

transferring property in tasmania

A Property Transfer can occur without selling or purchasing and in various contexts, such as transfers between family members, adding or removing someone’s name from the title, family law matters and transferring property into a trust. Here's a more detailed look at this process in Tasmania.

Steps for Transferring Property Without Selling in Tasmania

STEP 1: Determine the Reason for Transfer

Understanding the reason for the transfer (i.e. gifting, estate planning, change in relationship status) helps identify the right process.

STEP 2: Obtain a Property Valuation

STEP 3: Engage a Conveyancer

STEP 4: Prepare the Transfer Documents

STEP 5: Assess for Stamp Duty

STEP 6: Lodge the Transfer

STEP 7: Obtain Consent

STEP 8: Notify Relevant Authorities

STEP 8: Notify Relevant Authorities

Even if the property isn't being sold, getting a professional valuation is important for stamp duty purposes. Stamp duty, for instance, is calculated based on the property’s market value, or in the event there is no valuation, on the Adjusted Government Value (called the AGV).

Professional advice is crucial in navigating legal requirements and paperwork. A Conveyancer will ensure all legal obligations are met and the transfer process is handled correctly.

The key document is the Transfer of Land, which must be completed and signed by the current property owner. This document is submitted to the Land Titles Office for registration.

Consult your Conveyancer or the State Revenue Office about potential stamp duty obligations. Even in non-sale transfers, stamp duty might be applicable based on the reason for the transfer.

After completing the transfer documents, paying any stamp duty, your Conveyancer will lodge the Transfer of Land with the Land Titles Office in Tasmania, including paying the registration fee.

Depending on the nature of the transfer, you may need consent from the Bank if the property has a mortgage.

After the transfer is registered and the property title is updated, your Conveyancer will notify relevant parties, such as the Council, State Revenue Office and TasWater of the change in ownership.

You will also need to update your home and contents insurance policies to reflect the change in ownership.

Common Scenarios for transferring Property in Tasmania

Transferring property in Tasmania can happen for a range of reasons. Below are some of the most frequent scenarios, each with important considerations and steps. Understanding these can help you navigate the process and ensure your transfer is handled smoothly and in line with Tasmanian regulations.

TRANSFERRING PROPERTY TO A FAMILY MEMBER

Many Tasmanians choose to transfer property to a family member, whether as a gift, part of estate planning, or to update ownership shares. This can include:

  • Gifting a home or land to a spouse, partner, child, or other relative.

  • Selling property to a family member, sometimes at a price below market value.

  • Adjusting ownership proportions, such as adding or removing a spouse after marriage or separation.

If you’re considering a transfer as part of a broader property transaction, you may also be interested in our guide to buying property in Tasmania or our step-by-step approach to selling property in Tasmania.


What to Know:

  • You’ll need to complete a Transfer of Land form and provide supporting documentation to the Land Titles Office.

  • If you’re gifting property, a Deed of Gift can help clarify the arrangement and avoid future disputes.

  • Stamp duty may apply, but certain family transfers—such as between spouses or as part of a binding financial agreement—might be eligible for concessions or exemptions. For details, visit the State Revenue Office Tasmania’s page on family transfers.

  • There may be Capital Gains Tax (CGT) implications, especially for transfers outside of inheritance or relationship breakdowns. It’s wise to seek financial advice.

Transferring Property After Separation or Divorce

Property transfers are common when couples separate or divorce. These are typically part of a formal property settlement.

If your situation involves selling the property as part of your settlement, our team can guide you through selling a house in Tasmania for a smooth transition.

What to Know:

  • Transfers made under a Family Court order or binding financial agreement may be exempt from stamp duty. You can read more about this on the SRO Tasmania website.

  • You’ll need to prepare and lodge the correct legal documents, and ensure any mortgage on the property is addressed as part of the process.

  • It’s important to work with a conveyancer to ensure all legal and financial steps are completed.

CHANGING PROPERTY TITLE NAMES OR OWNERSHIP SHARES

You might need to update the names on a property title or change ownership shares in situations like:

  • Marriage, divorce, or legal name change.

  • Adding or removing a co-owner or changing from joint tenants to tenants in common.

If your circumstances have changed and you are looking at buying a house in Tasmania as your next step, our conveyancing team can support you through the process.

What to Know:

  • You’ll need to lodge a Transfer of Land form and provide supporting documents, such as a marriage certificate or court order, with the Land Titles Office. For more information, visit the Tasmanian Land Titles Office.

  • Some changes may attract stamp duty, while others (like correcting a name) may not.


  • Obtain and complete the required forms from the Land Titles Office.

  • Lodge the forms with the Land Titles Office and notify relevant authorities, such as your local council and the State Revenue Office.

  • Consider the impact of stamp duty, CGT, and other taxes. For a quick estimate of potential costs, you can use the Tasmanian stamp duty calculator.

  • Seek professional advice if you’re unsure about your obligations.

Transferring Property as Part of Inheritance or Estate Planning

When a property owner passes away, ownership may be transferred to beneficiaries as outlined in a will or under intestacy laws.

If you are a beneficiary and considering your options, you might find our service for selling property in Tasmania helpful, especially if you decide to sell the inherited property.

What to Know:

  • The executor or administrator will need to provide probate or letters of administration, along with Land Titles Office forms.

  • Transfers to beneficiaries under a will are generally exempt from stamp duty, but documentation requirements apply. See the SRO Tasmania’s guide to deceased estates.

  • Estate planning transfers, such as setting up a trust, may have different legal and tax implications

KEy Steps for all scenarios

TIPS

Seek Professional Advice

Tax, legal, and financial advice are essential in property transfers. Different situations can have various implications.

Be Clear About Implications

Understand the implications of the transfer for both parties involved.

Prepare for Costs

Be aware of potential costs such as stamp duty, conveyancing fees, and any Capital Gains Tax.

CONSIDERATIONS

Capital Gains Tax (CGT)

If the property isn’t your primary residence, CGT might apply. Please seek financial advice from your Accountant.

ESTATE PLANNING

Transferring property as part of estate planning should be discussed with your Estate Planning Lawyer to ensure all implications are considered.

Family and Relationship Implications

Transfers between family members or due to changes in a relationship (like a divorce or marriage) can have additional legal and financial implications.

DEBT AND MORTGAGE ISSUES

If there is an outstanding mortgage, you'll need to consider how this is managed. The Bank’s permission is required for the transfer, and in some cases, the mortgage may need to be discharged or refinanced.

Property transfers without a sale can be complex due to the implications. Always consult professionals to ensure a smooth and compliant process.

Contact EB Conveyancing for your property transfer needs.