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Frequently Asked Questions (FAQs)
What is a related party transfer in Queensland property law?
It refers to the transfer of property between family members or entities that are not at arm’s length, such as transferring a house to a spouse or trust.
Do I still need a contract when transferring property to a spouse or family member?
Yes, formal documentation is required to record the transfer and satisfy duty assessment and titles office requirements, even if no money changes hands.
Is transfer duty payable on related party transfers?
Transfer duty is calculated on the market value of the property; exemptions may apply for transfers between spouses due to marriage or relationship breakdown.
Are there risks in undervaluing a property in a family transfer?
Understating value can lead to penalties from the Queensland Revenue Office and may have capital gains tax implications, so a valuation is advisable.
Do I need legal advice for a related party property transfer?
Legal advice ensures the transfer is structured correctly, complies with duty and family law requirements and protects the interests of all parties involved.

