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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42638
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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How do i go about transfering house deeds from father to 3

Customer Question

how do i go about transfering house deeds from father to 3 sons no morgage father has dementia 3 sons have equal power of attorney and guardinship.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: nsw
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: i just want information on how to go about it
Submitted: 2 months ago.
Category: Australia Law
Customer: replied 2 months ago.
i am waiting for a reply
Expert:  Leon replied 2 months ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

If the father on a pension?

Customer: replied 2 months ago.
Expert:  Leon replied 2 months ago.

Good Morning.

If he transfers his home he will lose the pension.

By not getting any money centrelink will deem he has disposed of the asset and he will lose the pension.

If you wish to transfer it you have to speak to Centrelink first and get clearance.

Then you have to have market valuation undertaken and you will pay stamp duty on the market value of the property. It is treated as a sale.

A transfer is prepared and then stamp duty is paid and then it is all registered with the lands titles office.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon