Family and Matrimonial Transfers

Published On: 22 September 2022

If the last couple of weeks are anything to go by, particularly with the passing of the Queen, life and plans can change at a moment’s notice!

Change can sometimes be positive like marriage or the beginning of a relationship. Or it can be negative, experiencing a death in the family, or a divorce or separation. All these situations need to be dealt with patiently and with care. You need the right professionals by your side to guide you through the process.

When transferring property, either between family members, new partners, ex-partners or as part of a death, or divorce, your Conveyancer can help you through the process and prepare all the documents needed to make the transition smooth.

Change of Name or Address

To amend the name on a Certificate of Title (the official record of land ownership in South Australia), your Conveyancer prepares all the documents required to lodge the change with Land Services SA (LSSA).

Changing the name or address may be required due to marriage, divorce or change of name by deed poll.

It is also may be needed if you are refinancing your mortgage. Your bank may need this as part of the new mortgage. Also, if you are refinancing, your bank may require you to document a change of address, this can be prepared and lodged with LSSA by a Conveyancer.

Separation and Divorce

When you want to transfer property as a result of a breakdown in your relationship, your Conveyancer is a good place to start.

They may recommend you take important steps including:

  • Speaking to a Solicitor to arrange Consent Orders or a Binding Financial Agreement,
  • Stamp duty implications,
  • Refinancing process with your bank or broker.

We find that in many of these circumstances that Family Court Orders or Binding Financial Agreements have not been prepared. It is in your best interest to arrange these with a Solicitor before transferring ownership to protect yourself against further claims.

Death

If your spouse has passed away and they are registered as a ‘Joint Tenant’, then an “Application to Register Death” has to be lodged at Land Services SA. This document removes the Joint Tenant from the Certificate of Title. You will need to supply evidence for this document by providing a Death Certificate.

However, if ownership of your property has been lodged as ‘Tenants in Common’, then a Transmission Application document needs to be lodged. In this case the evidence that is required is a Grant of Probate. The Transmission Application moves ownership of the property to the Executor(s) of the Estate, who can deal with the property according to the Will of the Deceased.

Who do I Contact?

 At Strathalbyn Conveyancing our team are ready to take care of and guide you through these sensitive times. We will do all we can for you to ensure the process is as stress free for you as possible.