Property Transfer Lawyers in Balwyn
Changing ownership of property, without a sale on the open market
Not every change of property ownership involves a sale. You may want to transfer property to a family member, add or remove a partner from the title, implement a separation agreement, or deal with property after a death. Grice Legal advises on the legal, duty and practical issues and prepares and lodges the documents needed to update the title.
Property transfers we assist with
We advise on transfers to children, parents or other relatives, including whether the transfer is a sale or a gift and the likely duty and tax consequences.
Transfers between family members
We prepare survivorship applications for a surviving joint owner and transfers from an estate to beneficiaries.
Transfers after a death
We prepare transfers when a spouse or partner is added to or removed from the title, and advise on duty exemptions that may apply.
Adding or removing a partner
We prepare transfers into or out of trusts and companies, working with your accountant on the tax and duty position.
Trusts and companies
We implement property transfers required under consent orders or a binding financial agreement, including coordination with lenders.
Transfers after separation
We advise on changing between joint tenancy and tenancy in common, and how that affects what happens to the property on death.
Changing how co-owners hold title
The steps depend on the type of transfer, but most involve the following
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Step 1 – Understand the purpose
We discuss why the transfer is being made, who is involved and whether there is a mortgage, so we can identify the right documents.
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Step 2 – Check title, duty and tax
We search the title and consider duty, capital gains tax and lender consent. We may recommend advice from your accountant.
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Step 3 – Prepare the documents
We prepare the transfer and duty documents and arrange for them to be signed and verified.
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![Businesswoman reviewing documents and taking notes at a desk while a businessman talks on a phone in the background]()
Step 4 – Lodge and register
We lodge the transfer electronically, coordinate any duty payment, and confirm when the title has been updated.
Costs for property transfers
Once we understand the type of transfer and the assistance you need, we will discuss the likely costs with you and provide the required costs disclosure. This explains how our fees will be calculated and gives you an estimate of the likely legal costs, based on the information then available.
Your estimate will identify likely disbursements, such as title searches and registration fees. Duty, if payable, is separate. If additional issues arise, such as a lender's requirements or a valuation, we will discuss any material change with you.
Property transfers for families in eastern Melbourne
Families in Boroondara and nearby suburbs often hold significant wealth in property, so transfers between generations or partners deserve careful planning. A transfer that looks simple can have duty, tax or estate planning consequences.
We assist clients across eastern Melbourne from our Balwyn office, and often coordinate with clients' accountants and financial advisers.
Why Clients Trust Grice Legal
Grice Legal has been based in Balwyn since 1974. We are a boutique firm advising on family law, property and conveyancing, and wills, estates and structures, with a personal, senior-led approach.
Our Whitehorse Road office in Balwyn has served clients across Boroondara and eastern Melbourne for more than 50 years.
Local since 1974
You will know who is looking after your matter and can speak with them directly when questions arise.
Direct access to your lawyer
Conferences are available in person at our Balwyn office, by telephone or by video.
Meet in the way that suits you
Plain-English, practical advice
We explain your options, the risks and the next steps clearly, so you can make informed decisions.
We discuss the likely costs at the start and let you know if the estimate changes.
Open about costs
From Our Clients
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"Nicholas was a patient and a very good listener. He understood my concerns and gave advice accordingly. I feel that I am in good hands."
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"After my appointment with Rachael I am confident that I now have the right person handle my legal issues."
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![Five maroon stars aligned in a row.]()
"Our initial appointment certainly met and exceeded expectations. It was extremely informative and we received the advice we needed. Thank you!"
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![Five maroon stars in a horizontal row.]()
"Anna was very professional, friendly and very helpful"
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![Five maroon five-pointed stars in a row]()
"Rachael gives clear, informed goals. She shows understanding and empathy for your particular needs and sets outs steps to achieve them."
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![Five red stars arranged in a horizontal row.]()
"Nicholas provided me with excellent, timely, professional service and I am confident he will continue to do so should I require it."
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![Five maroon-colored stars in a row]()
"Anna was just a pleasure to have working for us. She was always clear and thorough, advocating for us and advising us along the way of buying our new house. We would totally recommend her and her service."
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![Five maroon-colored stars aligned in a row.]()
"I found Grice Legal to be extremely helpful and efficient with their advice and prompt with all the required paperwork in completing my will requirement, veery approachable staff. I can fully recommend their services"
Property Transfer FAQs
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Yes, but a transfer to a family member is treated like any other transfer for most legal and tax purposes. Duty is usually assessed on the greater of the price paid and the market value, even if the property is a gift. Capital gains tax, lender consent and pension implications may also need to be considered.
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Usually, yes. However, exemptions or concessions may apply in some situations, such as certain transfers between spouses or partners, transfers under family law orders or financial agreements, and transfers from a deceased estate to a beneficiary. Each exemption has conditions, so eligibility should be confirmed before the transfer.
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If the property is mortgaged, generally yes. Most mortgages prevent a change of ownership without the lender's consent, and the lender may require the new owner to join the loan or require refinancing. Speak to your lender early.
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It may. A transfer can be treated as a disposal for capital gains tax purposes, even where no money changes hands. Exemptions, such as the main residence exemption, may apply. We recommend obtaining advice from your accountant before the transfer proceeds.
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A transfer between separating spouses or de facto partners is usually made under consent orders or a binding financial agreement. A duty exemption may be available for these transfers. The lender's requirements and any refinancing must also be coordinated.
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If the property was held as joint tenants, the surviving owner becomes the sole owner. A survivorship application, supported by the death certificate, is lodged to update the title. Probate is not usually required for that property.
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The deceased's share passes under their Will or the intestacy rules. The executor or administrator generally needs a grant of probate or letters of administration before the share can be transferred to a beneficiary or sold.
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Yes. Adding a partner usually involves transferring a share of the property. A duty exemption may apply for certain transfers between spouses or partners of a principal place of residence, subject to conditions. Consider the family law and estate planning implications too.
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Joint tenants own the whole property together, and the survivor takes the whole property on a death. Tenants in common each own a defined share, which passes under their Will. It is possible to change from one to the other, and the choice should be consistent with your estate plan.
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Straightforward transfers can often be completed relatively quickly once documents are signed and duty has been assessed. Delays usually arise from lender consents, valuations or missing information. We will give you an indication of the likely timing once we understand the transfer.