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jmanoz(Initiate)Initiate
13 July 2025

My spouse has an investment property with only her name on the title.

I was the original owner and purchaser but after we married it was transferred to her name solely.

We now both want to be on the title so as to share the CGT owed if and when we sell it.

Can I be added to the title and my wife not have to pay CGT and Stamp duty once added?

We want to avoid that trigger, just have both names on the title and pay CGT when we finally sell it in future. Thanks.

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842 views
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YellowPotato(Taxicorn)Taxicorn
14 July 2025

Can I be added to the title and my wife not have to pay CGT and Stamp duty once added?

  • No.


It would be similar to the time you transferred it to your spouse - CGT event so CGT triggered. This time though, I'm assuming it's going to joint title, so your spouse is effectively selling 50% of the property to you.


https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/property-and-capital-gains-tax/transferring-property-to-family-or-friends


If you didn't declare CGT the first time around, it may be best to do an amendment to fix it.

jmanoz(Initiate)Initiate
16 July 2025

Thank you.

My spouse now wants to remove her name from the title of the investment property and put my name as the sole title holder. Due to marital breakdown.

  1. If we do this, can the CGT payment be defered until I sell the property in the future? In that I take on the CGT liability from her on the investment property?
  2. Or will I have to pay it once my name is solely on the title, even though we are married.

Thanks in advance.

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