Transferring Property Between Family Members in WA: Issues to Consider

A family transfer is a legal change of ownership, even when no money is paid. It may require a written transfer arrangement, lender consent, independent valuation, transfer-duty assessment, identity verification and Landgate registration. Tax, Centrelink, family-law and estate-planning effects should be considered before documents are signed.

Key points

• A gift can still attract transfer duty.
• RevenueWA generally uses unencumbered value where it exceeds consideration or no price is paid.
• Related-party transactions require valuation evidence.
• A mortgage does not disappear when ownership changes.
• Decide the intended tenancy and succession result.
• Obtain tax and financial advice before committing.

Is duty payable when property is gifted?

Transfer duty applies to dutiable transactions, including transfers of WA land. RevenueWA states that dutiable value is generally the consideration, but uses unencumbered value where there is no consideration, it cannot be identified or the property value is higher.

Family relationship alone does not create a general exemption. Specific concessions or nominal-duty provisions may apply to defined circumstances, such as qualifying relationship-breakdown or deceased-estate transactions, but the conditions must be checked.

Why is a valuation needed?

RevenueWA requires valuation for related-party or non-arm’s-length transactions. Current guidance allows certain transactions to be self-assessed using a qualifying licensed valuation; otherwise a valuation request may be required. Build valuation time into the settlement plan.

What if there is a mortgage?

Contact the lender before committing. The bank may require refinancing, a new borrower assessment, discharge and replacement security or may decline the proposed structure. A transfer cannot simply remove a borrower’s obligations under the loan.

How should the new owners hold title?

Where there is more than one transferee, the transfer must state joint tenants or tenants in common and, for tenants in common, the shares. That decision affects survivorship and estate planning. Read Joint tenants or tenants in common in WA.

Other consequences to investigate

• capital gains tax and main-residence rules;
• foreign transfer duty;
• pension, benefits and aged-care consequences;
• bankruptcy and creditor exposure;
• family-law implications;
• existing leases, caveats or encumbrances;
• wills, enduring documents and family loans; and
• whether each party needs independent advice.

Hypothetical example

A parent wishes to give half of a home to an adult child for no payment. Duty may still be assessed on the transferred interest’s unencumbered value, the mortgagee must be consulted and the parent should obtain advice about tax, benefits, control and what occurs if the child separates or becomes insolvent.

Documents and information to prepare

• Current title and property address
• Parties’ full legal names and relationship
• Proposed shares and consideration
• Mortgage and lender details
• Current valuation
• Existing leases, caveats or agreements
• Intended occupation and succession outcome
• Tax and financial advice

Plan the complete transaction

Legal Care Australia assists with related-party transfers, ownership structure and connected estate planning. Book a property consultation.

Sources checked

• RevenueWA — Transfer duty assessment
• RevenueWA — Related-party transactions
• Landgate — Transfer preparation

First drafted: 21 July 2026. General information only; obtain legal, tax and financial advice.