By Steve Chin · April 2026 · 5 min read
When property is transferred between separating partners as part of a formal property settlement in South Australia, stamp duty may be waived entirely. This exemption can save tens of thousands of dollars - on a $800,000 property, stamp duty would normally be approximately $34,000.
The stamp duty exemption applies when property is transferred between parties as part of:
The exemption applies to both married and de facto couples. It covers the transfer of the property title from joint names to one party's sole name, or from one party to the other.
To claim the exemption, your conveyancer or solicitor submits the exemption application to RevenueSA along with a copy of the Consent Orders or BFA. The exemption must be claimed at the time of transfer - it cannot be applied retrospectively.
If you are buying a NEW property after separation (not transferring the existing one), standard stamp duty applies. First home buyer concessions may apply if you qualify. Also, informal agreements without Consent Orders or a BFA do not qualify for the exemption.
Source: RevenueSA - stamp duty exemptions for property settlements. Always confirm current rules with your solicitor.
On a $800,000 property in SA, standard stamp duty is approximately $34,000. The separation exemption saves the full amount - the transfer is processed with zero stamp duty payable.
Yes - the exemption applies to any property transferred as part of a formal settlement, including investment properties. The exemption is based on the settlement mechanism, not the property type.
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