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Marriage breakdown and transferring of assets

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Who is affected?

This applies to you if your marriage or de facto marriage ended on or after 20 September 1985, and:

  • you transfer an asset or a share of an asset to your spouse
  • you receive an asset or a share of an asset from your spouse, or
  • a company or trustee of a trust transfers an asset to you or your spouse.

Definitions

  • Asset includes a share of, or an interest in, a jointly owned asset.
  • Your spouse includes your former spouse or former de facto spouse.
  • Transfer of an asset means transferring ownership of an asset to the transferee spouse and includes ‘creating’ an asset in their favour (such as a right to use property).
  • Transferee spouse refers to the spouse an asset is transferred to.
  • Transferor spouse is the person (or a company or the trustee of a trust) who transfers an asset to the transferee spouse.

Last Modified: Tuesday, 6 October 2009

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