BRISBANE PROPERTY SEPARATION SETTLEMENTS
If you have reached agreement on the division of property and responsibility for the mortgage, contact us so we can complete the transfer of the house and formalise the division of property.
7 Tips for simple separation and property settlement:
Avoid court proceeding from holding up your future
Avoid using and paying for two solicitors.
Reach agreement on property settlement.
Formalise property settlement so you can move forward with your life.
Focus on moving on with your life and the future freedom.
Save $1000s on stamp duty.
Engage Horrocks Solicitors for our low fixed fee property transfer and avoid complications.
Choose from these low fixed fee services:
Property Transfer $880.00 to $990.00
Transferring your property at the time of separation from both parties to one can be difficult and cost you stamp duty.For this low fixed price, we will navigate the way.
Binding Financial Agreement $880.00
The agreement for the financial settlement at the end of a relationship is the key means of reducing the cost of your property transfer and essential for beginning your fresh start.
At Horrocks Solicitors we understand that people seek simplicity in the difficult matters of separation. It is not an easy time. If agreement can be made about property and financial division, then this opens the way for your new life.
Avoid the costly alternatives to simple settlements
The alternative can be expensive and emotional, so we are here to assist you to avoid the pitfalls including legal costs and emotionally draining litigation.
4 FACTS ABOUT FAMILY LAW & PROPERTY
50% family law enquiries are about dividing up property.
One in three relationships break down.
A high percentage end up paying too much because of lengthy settlement processes and poorly constructed transactions.
Individuals surveyed 2 years after separation overwhelmingly wished they moved on more quickly.
“Thank you John for simplifying our settlement and preparing the paperwork for our financial agreement. With no alternative than going our separate ways, it was important for me to find the most cost effective way.”
“Since Michael left, I have been left to do the paperwork, and you have made is much easier. Horrocks Solicitors guided the property transfer and agreement for me nicely.”
Peter, Kelvin Grove.
“I am happy to supply couples the simplest and cheapest means of settling property matters during separation. There are a number of pitfalls that create unnecessary trouble and expense, which I can help you avoid.”
WHAT IS A FAMILY TRANSFER?
Transfer of property that may be as a result of a relationship breakdown, usually where two parties to a relationship own a joint property and is it agreed between them that one party will transfer his or her share to the other party on the basis that the other party will refinance the mortgage over the property.
Transfer of property from one family member to another or a share in the property from one family member to another.
FAMILY PROPERTY TRANSFER IN 6 STEPS
All property transactions in Queensland are subject to the Transfer Duty regulations and under certain circumstances stamp duty will be required to be paid. If the property is being transferred because of the breakdown of a relationship under certain circumstances the transfer is exempt from stamp duty if family court orders or a binding financial agreement between the parties referring to the transfer of the property exists.
For the transfer of property or an interest in property from one family member to another it is necessary to obtain some independent valuation of the market value of the property. The Stamps Office provides that this independent market valuation may be either a recent valuation from a registered valuer or a letter of appraisal from a real estate agent which states what the agent considers to be the market value of the property and the addresses of three other properties that have sold recently in the same area.
Horrocks Solicitors will prepare the necessary titles office transfer document to be signed by the owners of the property. After the transfer has been signed the solicitor will stamp the transfer.
Settlement is booked with any bank that has a current mortgage over the property and similarly booked with any incoming bank that is financing the transfer of the property including a payout of the existing mortgage.
The necessary cheques are arranged for settlement and Horrocks Solicitors will attend settlement for completion of the transfer.
If there is no incoming bank with a new mortgage then Horrocks Solicitors will lodge the stamped transfer at the Titles Office to register the new owners over the title.