房产过户问题

abcdmel

夫妻双方都没有身份，男方名下有一套房产，是几年前以海外买家新房形式购买的. 请问现在可以过户给妻子吗，或者加上妻子的名字. 不知道这样算不算是二手房交易了.如果是的话，是不是就没办法做变更，只能男方继续持有，或者卖给有身份的人士。

Ngshun

只能自主房加名或transfer  no stamp duty


Principal place of residence requirement

To be exempt from duty, the property being transferred between spouses or domestic partners must be a residential property.

This means at least one person in the relationship must live in the property as their principal place of residence (PPR) for a continuous period of at least 12 months commencing within 12 months of the transfer.

This residence requirement can be varied but you need to contact us to explain why the variation is required and we must be satisfied that it is a good reason. If there is a change in your circumstances affecting your ability to meet the residence requirement, you must notify us in writing within 30 days of becoming aware of that change. The transfer will be subject to duty.

Ngshun

Spouse and partner exemption
Spouses and domestic partners often transfer property between themselves.

Before 1 July 2017, transfers between spouses or domestic partners were exempt from duty regardless of the type of property.

Since 1 July 2017, only transfers of a principal place of residence (PPR) made for no consideration are exempt.

There has been no change to the exemption for transfers resulting from the breakdown of a marriage or domestic relationship.

Principal place of residence requirement

To be exempt from duty, the property being transferred between spouses or domestic partners must be a residential property.

This means at least one person in the relationship must live in the property as their principal place of residence (PPR) for a continuous period of at least 12 months commencing within 12 months of the transfer.

This residence requirement can be varied but you need to contact us to explain why the variation is required and we must be satisfied that it is a good reason. If there is a change in your circumstances affecting your ability to meet the residence requirement, you must notify us in writing within 30 days of becoming aware of that change. The transfer will be subject to duty.

No consideration requirement

The transfer of the principal place of residence must be for no consideration.

Couples will satisfy this requirement if a spouse or partner transferee gives a mortgage to:

secure the same or a greater amount as the amount outstanding immediately before the transfer, or
assumes the liabilities under the mortgage.
However, the couple must not have entered into these arrangements to take advantage of this exemption. The Commissioner will be satisfied that this is the case if the mortgage was:

Created at or before the time of the transfer.
Part of a genuine refinancing of a mortgage created at or before the time of the transfer.
Created to secure borrowings applied to improving the property.
You can easily apply for this exemption.

路过的G8

bello 发表于 2019-6-16 22:13
自住房加老婆名字可以，不算二手房交易，只有手续费，没印花税。投资房加老婆名字算二手房交易，有额外印花 ...

借帖子问下，自住房加老婆名字手续费大概多少呀？找律师吗？

danielweng

Ngshun 发表于 2019-6-16 23:12
Spouse and partner exemption
Spouses and domestic partners often transfer property between themselve ...

借贴子问下，1. 自住房去掉一个人的名字可以吗？需要stamp duty吗


2、自住房转给子女怎么收费呢？是否需要子女成年？

Ngshun

路过的G8 发表于 2019-6-17 08:39
借帖子问下，自住房加老婆名字手续费大概多少呀？找律师吗？

自己都可以攪的、不用找律师

Ngshun

danielweng 发表于 2019-6-17 08:49
借贴子问下，1. 自住房去掉一个人的名字可以吗？需要stamp duty吗

1）去掉可以、加就麻烦
2）给子女都要付stamp duty, 除非死后给子女、澳洲未有遗產； 或者買物业的时候用family trust 買、他们必须是收益人、这样到他们18岁要传给他们就不用付stamp duty, 但land tax 在trust 名下多30%毎年

路过的G8

Ngshun 发表于 2019-6-17 08:51
自己都可以攪的、不用找律师

请问怎么加呢？网站？

Ngshun

路过的G8 发表于 2019-6-17 14:05
请问怎么加呢？网站？

https://www.sro.vic.gov.au/forms ... atutory-declaration

You can do it by yourself , between partner transfer should too complicated

desktop

借贴问，如果我转换比例呢，比如我原来50%，现在变成90%，我是nsw的，可以自己办吗 ，还是要找过户师