When a relationship ends, the family home is often still in both names. Taking your ex-partner off the title is a property transfer, and in NSW a transfer usually attracts transfer duty (stamp duty). The good news is that most transfers between separating couples are exempt, as long as the paperwork is right.
Here's how it works.
Can you take an ex-partner off the title?
Yes. Your ex-partner's share is transferred to you by registering a transfer with NSW Land Registry Services. Because they are a registered owner, they need to agree to the transfer and sign it. Their identity also needs to be verified.
In NSW, transfers are lodged electronically through PEXA, so in practice a licensed conveyancer or solicitor prepares and lodges the transfer for you.
Is stamp duty payable when you remove an ex from the title?
Usually not. Revenue NSW offers a full exemption from transfer duty for property transferred after the break-up of a marriage, de facto relationship or domestic relationship.
To qualify, all of the following must apply:
your relationship has broken down irretrievably
the property is matrimonial or relationship property (property owned by either or both of you)
the transfer is part of your property settlement following the break-up
the property is going to one or both of you, your children, a trustee for your children (not a discretionary trust), or a trustee in bankruptcy
It doesn't matter whose name the property is in, how long the relationship lasted, or how the property is divided. It can go 100% to one person, 50/50, or in any other proportion.
Do you need court orders?
Not necessarily. Your property settlement needs to be documented in one of these ways:
court orders from the Family Court or Federal Circuit Court
a binding financial agreement under the Family Law Act 1975
an agreement made to divide your property because of your separation
a registered arbitration award under the Family Law Act 1975
Revenue NSW's own guidance gives an example of a divorcing couple with no court orders who write up their own agreement about dividing the family home. They can still qualify for the exemption, provided Revenue NSW is satisfied the agreement was made to divide their property because of the marriage break-up.
Court orders and binding financial agreements are the most clear-cut. If you're relying on an informal agreement, it's worth having a conveyancer or solicitor check that it clearly records what is being transferred and why.
For de facto couples, an informal agreement can only be used for transactions entered into on or after 19 May 2022.
When the exemption doesn't apply
The exemption only covers transfers to the separating partners, their children or the trustees listed above. It doesn't cover a transfer to anyone else.
For example, if one partner sells their share to a relative or a friend as part of the settlement, that person pays full transfer duty on what they receive.
What if you want to add a new partner to the title?
This is common. Once your ex is off the title, you may want to add your new spouse or partner. That's a separate transfer, and the separation exemption doesn't cover it.
It may still be exempt under a different exemption for transfers between spouses and de facto partners. To qualify:
you must be married, or de facto partners who have lived together for at least 2 continuous years before the transfer
the property must be your principal place of residence (the home you live in together)
you must own the property in equal shares after the transfer
for the full exemption, the property must be used solely for residential purposes
If part of the property is used for a business, you may only get a concession on the residential part. If you don't meet these conditions, transfer duty is payable on the share your new partner receives.
What documents do you need?
For the separation exemption, Revenue NSW asks for:
the transfer (lodged electronically through PEXA)
the exemption application form (ODA 069 for marriages and de facto relationships, or ODA 070 for domestic relationships)
a purchaser or transferee declaration for each person receiving the property
proof of identity for each person receiving the property
evidence of the break-up, such as a divorce certificate, separation certificate, statutory declaration or other evidence you live separately
evidence of your property settlement, such as court orders, a binding financial agreement or a written agreement to divide your property
The exemption isn't automatic. Your conveyancer or solicitor applies for it as part of the transfer.
How the process works
Confirm your settlement. Make sure your court orders or agreement clearly cover the transfer of the property.
Title search. Your conveyancer checks who is on the title, how it's held, and whether there is a mortgage or anything else registered.
Mortgage check. If there is a mortgage, the lender will usually need to approve the transfer or refinance the loan into one name.
Identity verification. Both of you have your identity verified.
Duty exemption. Your conveyancer lodges the exemption application with Revenue NSW.
Lodgement. The transfer is lodged electronically through PEXA and registered with NSW Land Registry Services.
Already paid stamp duty?
If you've already paid transfer duty on a transfer that qualified for the exemption, you can apply for a refund within 5 years of the original assessment, using the refund section of the same exemption form.
Get help with your title transfer
My Property Kit's licensed NSW conveyancers handle title transfers after separation from start to finish. We check your paperwork, apply for the duty exemption and lodge the transfer through PEXA, with one fixed fee and no surprises.
Get a title transfer quote or call us on (02) 7241 7773.
This article is general information only and is not legal advice. Information is based on Revenue NSW guidance on transfer duty exemptions for marriage or relationship break-ups and for transfers between spouses and de facto partners, current as at October 2026. Speak to a licensed conveyancer or solicitor about your situation, and a family lawyer about your property settlement.
