Part Tenancy Transfers (VIC) | Help Centre

[Saysa]

Overview

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Last updated: 18 September 2019
Jurisdiction: VIC
Additional Resources: Help Card

If there is a change in ownership on a property where at least one of the Proprietors on Title remain on title, you can lodge a Part Tenancy Transfer. These steps can also be used for a Wills and Estates matter where the Administrator or Executor is also the beneficiary and therefore will remain on title. 

Video

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Example:
Bob and Andrew are joint tenants to a property and Bob has agreed to transfer his share to Andrew. Bob and Andrew lodge a Part Tenancy Transfer together to remove Bob’s name from the lease and transfer Bob’s portion of the tenancy to Andrew.

Steps

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1. Create a Workspace with the following settings:
   • Representative Role: Proprietor on Title.
   • Financial Settlement required?: Yes
     Your workspace MUST contain a financial settlement date/time, even if it is a non-monetary transfer. 
   • Will this transaction involve a Transfer?: Yes

   Complete the other fields as required.

2. Represent all Proprietors on Title to the Workspace:
• Navigate to Participants
• From the Actions column, select Edit Party next to the vendor you represent. 
• Enter the necessary details and click Save.
3. If required, invite in other relevant parties. For example the Mortgagee on Title (if applicable).
4. Create the Transfer.
• Navigate to Document > Create Document > Transfer:

  All Proprietors on Title are listed as Transferors on the Transferor Details panel.

• On the Tenancy Details panel, select the Tenancy type and the Proprietor on Title that will remain on title.
• Complete the Transfer and then Save the changes.
• Edit the Notice of Acquisition and complete the outstanding details and Save.
5. Complete Stamp Duty Assessment via Duties on Line
6. If you are in possession of the certificate of title, you will need to create and lodge a Nomination. If there is a Mortgagee on Title, ensure you have invited them into the Workspace. This is completed via the Participants screen.
7. Edit Lodgement Instructions and Sign all Documents.
8. Navigate to the Financial Settlement Schedule and complete the Source and Destination line items as applicable.

Related Topics

• Transfer Help Centre Articles

[NY2201]

Is the “proprietor remaining on title” required to sign the Transfer?

[MeganTenn]

Hi @NY2201,

When creating a workspace from a Proprietor on Title role solely, the Transfer of Land is only required to be signed once by the practitioner on behalf of both Proprietors, including the one remaining on title.

Kind regards,
Megan Tennyson

PEXA Partner (VIC)

Partner Program 

[Emily_EJS_Law]

Hi, I'm acting for both parties in a part tenancy transfer.  I do not have a trust account.  

There is a PEXA fee and lodgement fee that need to be paid.  How can I arrange to pay this in order for settlement to take place?

[Ashlee_Cameron]

Hi, 

We represent the wife in a breakdown of marriage transfer (husband & wife to wife).  The joint mortgage is being discharged and new mortgage in the wife's sole name is being registered. 

Can we complete this as a part tenancy transfer? Or do we need to list the wife as the proprietor on title and incoming proprietor?