Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DUTIES ACT 2008 - SECT 97

97 .         Some transactions between spouses or de facto partners

                Duty is not chargeable on a transfer of, or an agreement for the transfer of, dutiable property where —

            (a)         the person from whom, and the person to whom, the dutiable property is transferred, or agreed to be transferred, are married to each other or are de facto partners of 2 years; and

            (b)         the dutiable property is a lot on which a residence is erected which, when liability for duty on the transaction arises, was used solely or dominantly as the ordinary place of residence of the persons referred to in paragraph (a); and

            (c)         the lot on which the residence is erected is used solely or dominantly for residential purposes associated with that residence; and

            (d)         the person from whom the dutiable property is transferred, or agreed to be transferred, is the sole owner of the property; and

            (e)         the result of the transaction is or will be that the dutiable property is owned solely by the persons referred to in paragraph (a) as joint tenants or tenants in common in equal shares.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback