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Spouses and defacto partners have enjoyed an exemption from paying stamp duty on transfers of real property from one to the other or between them. However, as at 1 July 2017, this exemption is no longer available to all transactions. The exemption no longer applies to non principle place of residence property such as an investment or commercial properties. Care needs to be taken in Family Law settlements.
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Although being in a ‘relationship’, being a ‘de facto’, ‘seeing each other’ or simply ‘casual’ are commonly interchangeable phrases in common talk, the implications of being in a De Facto relationship are significant.
Unlike marriages, where there are formal ceremonies and certificates to delineate the commencement of marriage, de facto relationships lack any formal recognition – per Justice Mushinin Moby & Schulter (2010) FLC (see below). The problem therefore arises as to the sincerity of the relationship – whether it is in fact de facto or otherwise ‘casual’.
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