The Role of a Conveyancer in Transferring Property Due to a Family Law Court Order

The Role of a Conveyancer in Transferring Property Due to a Family Law Court Order

When a relationship breaks down, dividing assets—including property—can be a complex and emotional process. In many cases, a Family Law Court Order determines how property is transferred between former spouses or partners.A conveyancer plays an essential role in making sure the property transfer is legally completed according to the Court Order, ensuring the process is smooth and compliant. Here’s a simple guide to understanding how a conveyancer helps with property transfers in family law matters.

What Is a Family Law Court Order?

A Family Law Court Order is a legally binding decision made by the court that sets out how property and assets should be divided after a separation or divorce.

✔ It may require one party to transfer ownership of a property to the other.✔ It may require the property to be sold and proceeds divided.✔ It can be made by agreement (Consent Orders) or after a court hearing.

💡 Important: Once the court issues an order, both parties must follow it—it is legally enforceable.

How Does a Conveyancer Help with the Property Transfer?

A conveyancer ensures the property transfer meets all legal requirements under the Family Law Court Order. Their role includes:

✅ Reviewing the Court Order

Your conveyancer will carefully review the Court Order to ensure the property transfer happens exactly as required.

✅ Preparing Legal Documents

To transfer the property, your conveyancer will:✔ Draft the Transfer of Land document to change ownership.✔ Prepare stamping exemption applications (so you don’t pay unnecessary stamp duty).✔ Liaise with the NSW Land Registry Services to update the title.

✅ Handling Stamp Duty Exemptions

💡 Good news! In NSW property transfers under a Family Law Court Order or Binding Financial Agreement are usually exempt from stamp duty.✔ Your conveyancer will apply for this exemption to save you money.

✅ Managing the Mortgage & Bank Requirements

If the property has a mortgage:✔ The person keeping the property may need to refinance the loan.✔ The bank must approve the title change before the transfer happens.✔ Your conveyancer will work with the lender to ensure a smooth transition.

✅ Registering the Transfer with NSW Land Registry Services

Once all documents are signed and approved, your conveyancer lodges the transfer with the NSW Land Registry, making the ownership change official.

What If the Property Needs to Be Sold?

If the Court Order requires the property to be sold, your conveyancer will:✔ Prepare the Contract of Sale for the real estate agent.✔ Manage settlement and distribute funds according to the Court Order.✔ Ensure all legal obligations are met for both parties.

💡 Tip: If selling, both parties must cooperate to avoid delays in the process.

Why Use a Conveyancer Instead of a Lawyer?

✔ Lower Costs – A conveyancer specializes in property transfers and often charges less than a family lawyer for handling the legal paperwork.✔ Expertise in Property Law – Conveyancers focus on title transfers, stamp duty exemptions, and settlement processes.✔ Efficiency & Support – They ensure your transfer is done correctly and on time.

How Long Does the Property Transfer Take?

The transfer process depends on:⏳ How quickly the lender (if any) processes the mortgage changes.⏳ How soon both parties sign documents.⏳ Any delays in court approvals or bank requirements.

Typically, it can take 4-6 weeks from start to completion.

Final Thoughts: Make the Property Transfer Stress-Free

Transferring property under a Family Law Court Order can be complicated, but a conveyancer helps make the process legally compliant and hassle-free.

🏡 At SL Conveyancing, we assist with:✔ Court Order Property Transfers✔ Stamp Duty Exemptions✔ Mortgage & Bank Liaison✔ Title Registration & Settlement

📞 Need help with a family law property transfer? Contact SL Conveyancing today for expert, stress-free service! 💙