How Excel Legal Can Assist

Excel Legal can assist with the legal steps involved in transferring property title in NSW, including:

• reviewing the background and purpose of the transfer

• explaining the legal process and likely requirements

• preparing the Transfer document and related paperwork

• liaising with the other party’s solicitor, if required

• assisting with electronic signing and verification of identity

• coordinating with your lender where there is an existing mortgage

• arranging or guiding the duty assessment process where required

• lodging the transfer electronically through PEXA

• confirming completion once the transfer has been registered

We aim to make the process clear, organised, and properly managed from start to finish.

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Transfers Between Family Members

Property transfers between family members are common, but they still need to be handled carefully.

A family transfer may involve parents transferring property to children, spouses transferring property between themselves, or relatives changing ownership arrangements.

Even where no money is being paid, stamp duty, mortgage requirements, tax consequences, and legal documentation may still need to be considered.

Excel Legal can guide you through the legal steps and help ensure the required documents are prepared and lodged correctly.

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Transfers Between Spouses or Partners

A transfer between spouses or partners may occur for personal, financial, estate planning, or refinancing reasons.

This may involve adding a spouse to title, transferring a property into joint names, or changing the ownership share between parties.

Before the transfer proceeds, it is important to check whether lender consent is required and whether any stamp duty exemption or concession may apply.

Excel Legal assists with preparing and managing the legal transfer process so the title records accurately reflect the intended ownership.

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Transfers After Separation

Property transfers after separation or divorce often involve one party transferring their interest in the property to the other.

These transfers may be linked to a family law agreement, court order, or financial settlement.

Where there is a mortgage, the lender will usually need to be involved. The outgoing party may also need to be released from the loan before the title transfer can be completed.

Excel Legal can assist with the property transfer process and work alongside your family lawyer, accountant, or lender where required.

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Transfers After Death

If a property owner has passed away, the property may need to be transferred to a surviving joint tenant, executor, beneficiary, or new owner.

The process depends on how the property was owned and whether the property is held as joint tenants or tenants in common.

Excel Legal can assist with title transfer steps following death, including preparing the relevant documents and lodging them for registration where appropriate.

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Mortgage and Lender Requirements

If the property is subject to a mortgage, the lender will usually need to consent to the transfer.

Depending on the circumstances, the lender may require:

• a refinance

• a discharge of mortgage

• a new loan approval

• updated borrower details

• signing of bank documents

• confirmation that the transfer can proceed 

This can affect timing. It is important to speak with your lender early so the legal transfer and loan requirements can be coordinated properly.

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Stamp Duty and Other Costs

Some transfers of title may attract transfer duty in NSW. In other cases, an exemption or concession may be available, depending on the circumstances.

Duty may need to be assessed before the transfer can be lodged.

Other possible costs may include:

• legal fees

• registration fees

• PEXA fees

• lender fees

• valuation or evidence requirements

• accounting or tax advice 

Excel Legal explains the legal costs and expected disbursements upfront, so you understand the likely expenses before work begins.

For tax and financial consequences, you should obtain advice from your accountant or financial adviser.

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Our Transfer of Title Process

1. Initial Review
We review the background of the transfer, the property details, the parties involved, and the reason for the ownership change.

2. Advice and Requirements
We explain the legal steps, documents, lender requirements, identity checks, and duty considerations that may apply.

3. Document Preparation
We prepare the required transfer documents and arrange signing, verification of identity, and supporting material.

4. Duty Assessment and Lender Coordination
Where required, we assist with the duty process and coordinate with the lender or other parties involved in the transaction.

5. Electronic Lodgement
The transfer is lodged electronically through PEXA, and the title is updated once registration is complete.