If you want to transfer ownership of a NSW property to another person, here’s what you need to do.
In NSW, if you want to add a spouse, family member or friend to the title of a property you own, you’ll need to fill out and submit a Transfer Form 01T to Land & Property Information (LPI).
Completing this form allows that person’s legal interest in the property to be recorded on the title to the land.
Here’s what you need to do to finalise a property transfer.
1. Get a copy of the form
In addition to Transfer Form 01T, you’ll also need to complete a Notice of Sale or Transfer of Land (form 10-0520).
These forms are also available:
- Online from the LPI website
- From LPI's customer Service centre
- From the Client Services Counter or the cashiers at the LPI Sydney office
2. Use black or blue ink
If handwriting, use block letters. Don’t use white-out to correct any errors; instead, rule through any material you want to delete and initial the left-hand margin of the form.
3. Provide the Torrens Title
In part (A), enter the number for the Torrens Title for the land being transferred.
4. Provide Lodged By details
In part (B), provide the details of the person or firm lodging the form. You’ll need to enter your name, address, phone number and customer account number (if you have one).
5. Provide the details of the transferor
In part (C), insert the full name of the person or corporation who is the transferor of the property.
6. Insert the consideration figure
In part (D), enter the price or other consideration amount for which the land was transferred.
7. Complete Section (E)
If the land is being transferred to the transferee an estate in fee simple, leave the form as is. If you are transferring an estate other than fee simple, rule through ‘fee simple’ and insert the required estate in uppercase text.
8. Specify the share transferred
If transferring less than the whole of your share, specify the amount being transferred. For example, if you own a half share and are transferring one half of that, insert ‘as regards a one-half share of the transferor’s one-half share’.
9. Writ details
In part (G), if the transfer will be made subject to a writ, enter the registration number of the writ. If no encumbrance applies, leave this section blank.
10. Insert transferee details
Provide the full name (or ACN, ABN or ARBN for a corporation) to whom a share of the property is being transferred.
11. Enter tenancy details
Next, if there is more than one transferee, you must enter the tenancy in which they will hold the land. For example, ‘joint tenants’, ‘tenants in common’ (including the share each tenant wishes to hold) or ‘tenants in common in equal shares’.
12. Execution
This form must be completed by the transferor and transferee or on their behalf – select the relevant option from those provided. Any witness must not be a party to the transaction, must be an adult and must know the person executing. In addition:
- If the form is executed by an individual on their own behalf, their signature must be witnessed
- If the form is executed by an attorney, the power of attorney must be registered and the attorney’s signature included
- If the form is executed by a receiver or delegate, a statement must be included to explain this and the receiver or delegate’s signature must be witnessed
- If the form is executed under authority, the nature of the authority must be disclosed
- If the form is executed by a solicitor or licensed conveyancer on behalf of the transferee, the signatory’s full name and capacity must be included in block letters
- If the form is executed by a corporation, the form of execution should refer to the power of authority relied on by the signatories
13. Complete Section (K)
This section only needs to be completed if the notice of sale data has been forwarded through the eNOS facility.
14. Lodge the form with LPI
In addition to Transfer Form 01T you will need to provide:
- A completed Notice of Sale or Transfer of Land (NOS) form;
- The original Certificate of Title for the relevant property (if not already produced);
- The lodgement fee; and
- If using the form for severance of joint tenancy, a statutory declaration of the names and postal addresses of the other joint tenants and any mortgagees
I am jointly owned a unit with my wife. I now want to remove my name from the title and let my wife own the unit solely. I understand I should fill the form T01. But how I decide how much stamp duty I should pay? Where do I submit the form?
Thank you.
Hi Pu,
Thank you for leaving a question.
But how I decide how much stamp duty I should pay?
Stamp duty is calculated based on the state you’re in. Use our calculator for a rough guide on how much this would be.
If so, how do I find out how much?
– You may have to speak to a property advisor/legal expert on this.
Where do I submit the form?
You would need to lodge this with NSW Land Registry Services. You might also want to have a lawyer oversee the property transfer and have them draw up contracts or transfer documents with title details, the value and determined ‘price’ of the property, and personal details for both parties. These legal documents can be used in case the validity of the property transfer is ever questioned. Hope this helps!
Cheers,
Reggie
Hi,
My ex-husband wants to transfer his half share of the family home into my name. There is no mortgage. There are no court orders in place for the division of assets, as we are on good terms and agreed 50/50 split except for the house, which is to be in my name.
What do I need to do to transfer the title into my name? Am I correct in thinking that there is no stamp duty payable if family home?
Regards,
Kerrie
Hi Kerrie,
Thank you for getting in touch with finder.
No duty is chargeable on a transfer, or an agreement for the sale or transfer, of matrimonial/relationship property if the property is transferred, or agreed to be sold or transferred to: the parties to a marriage/de facto relationship/domestic relationship that is dissolved or annulled or terminated, or in the opinion of the Chief Commissioner has broken down irretrievably, or to either of you.
For marriages and de facto relationships, the transfer or agreement must be effected by or in accordance with a financial agreement made under the Family Law Act 1975, or an order of a court under that Act. For marriages, an agreement that the Chief Commissioner is satisfied has been made for the purpose of dividing matrimonial property as a consequence of the dissolution, annulment or breakdown of the marriage will suffice.
For list of documents that you need to provide to claim the exemption, please check out this page.
I hope this helps.
Please feel free to reach out to us if you have any other enquiries.
Thank you and have a wonderful day!
Cheers,
Jeni
Hi, a family member wants to gift us their house the they currently own outright (in which we currently reside with them). How do we go about this? And will there be stamp duty or fee’s that we as the recipients will have to pay? If so, how do I find out how much?
Hi Mel,
Thanks for your message and for visiting finder – the leading comparison website & general information service built to give you advice in your buying decision needs. How are you doing today?
A family member wants to gift us the house they currently own outright. How do we go about this?
– The information above shows a step process on what the owner of the property needs to furnish to transfer the property to you.
Will there be stamp duty or fee’s that we as the recipients will have to pay?
Below are a few examples of fees and charges that may apply when you are transferring or gifting property within your family:
Fees paid by the original owner
Capital Gains tax (CGT). The CGT cost will depend on the amount of capital gain or capital loss resulting from the CGT event. In event of a capital gain, your total gain amount will be the difference between your capital proceeds and the cost base of your asset. The actual CGT amount you pay depends on your income, as it’s added to your income tax for the applicable year.
How much is it? We explain how CGT works in our in-depth guide, but it’s basically calculated using the market value of the property minus the expenses you incurred owning it. The figure left after this is your capital gains amount, which is then added to your income tax for that year.
Valuation costs. You might need to have the property value determined by a certified valuer before transferring or gifting your property. This is so you will know how much you will report that you have gained or loss when filing your income taxes.
How much is it? Independent valuations cost between $300 – $900 depending on where the property is.
Legal fees. You might also want to have a lawyer oversee the property transfer and have them draw up contracts or transfer documents with title details, the value and determined ‘price’ of the property, and personal details for both parties. These legal documents can be used in case the validity of the property transfer is ever questioned. These may be referred to as ‘probate fees’.
How much is it? This will depend on the lawyer used and what services they carry out.
Fees paid by the new owner
Stamp duty. Also referred to as Stamp Duty Land Tax, this tax is calculated on the value of the property or land that is being transferred or gifted and is represented as a percentage. Some purchases may be exempt from stamp duty, so check with your state office of revenue.
How much is it? Stamp duty is calculated based on the state you’re in. Use our calculator for a rough guide on how much this would be.
If so, how do I find out how much?
– You may have to speak to a property advisor/legal expert on this.
For more information, you may view this page.
Hope this was helpful. Don’t hesitate to message us back if you have more questions.
Cheers,
Nikki
Hi Belinda. I am a pensioner and my son has been paying the Mortgage for 8 years due to my illness and now I would like to put the mortgage in his name now. Do I have to pay any fees.I now want to go and live with my daughter. Thanks Gayle.
Hi Gayle
Thank you for contacting finder. We are a comparison website and general information service, we’re more than happy to offer general advice.
When you sell or transfer the title of a property, you change the conditions of the mortgage, which may incur break fees. If you require a lawyer, there may also be legal fees and valuation fees. You may refer to this page for more information https://www.finder.com.au/guide-to-changing-property-ownership.
I hope this helps.
Cheers,
Danielle