Transfer by a Joint Tenant

This page aims to help you complete an electronic Transfer by a Joint Tenant dealing form. This form is used to effect a change in the First Schedule of a Folio where:

• a joint tenant transfers their interest to a person other than the existing joint tenant, thereby severing the joint tenancy or
• where a joint tenant transfers their interest to one or more joint tenants but not to all joint tenants, thereby severing the joint tenancy between the transferor and the remaining joint tenants.

NOTE: NSW LRS will issue a severance notice to the other joint tenant/s if satisfied that the electronic Transfer by a Joint Tenant dealing form is in order.

NOTE: The transfer will not proceed to registration until the expiry of 30 calendar days from the date of the severance notice or on receipt of the consent of the other joint tenants identified in the statutory declaration.

NOTE: If after lodgment of the Transfer by a Joint Tenant dealing form, one of the joint tenants passes away, NSW LRS will not proceed with its registration (McCoy v Estate of Peter Anthony Caelli (2008) 13 BPR 25,515; [2008] NSWSC 986). The form should be withdrawn.

NOTE: A Transfer by a Joint tenant dealing form cannot be used where the registered proprietors are recorded as joint tenants in a fiduciary capacity i.e. by means of a Transmission Application or an Application to Record New Registered Proprietor.

NOTE: Where a writ is noted on title, this dealing form must be lodged as a Dealing with Exception, unless the judgment creditor consents to the Transfer by a Joint Tenant or the writ is removed. 

NOTE: Both the transferor and transferee must be represented in the workspace for this dealing form. 

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

1. verify their Client’s identity
2. establish their Client’s right to deal with the land
3. have a properly completed and executed Client Authorisation form and
4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 97 Real Property Act 1900.

Stamp Duty – required.

Notice of Sale – required. There is no need to separately create a Notice of Sale form. The Notice of Sale form is automatically produced in the workspace and sent to LRS when the instrument is lodged.

Standard Form of Caveat – a caveat noted on the Register will prevent the recording of a Transfer by a Joint Tenant.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Transfer by a Joint Tenant dealing form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Select the registered proprietor.

Document

Create Document – Select Other Documents.

Select Transfer by a Joint Tenant.

Transferor

Select the transferor.

Transferee

Select the transferee.

Tenancy/Shares of the Transferee

Enter the tenancy/shares of the transferee.

Consideration

Consideration Type

Select one of the following consideration types:

• With monetary consideration - where a transfer involves payment of monies.
• Without monetary consideration and as regards a deed of partition - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of partition.
• Without monetary consideration and as regards a deed of assignment - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of assignment.
• Without monetary consideration and as regards a court order - where a transfer does not involve payment of monies and satisfies the conditions set out in a Court Order.
• Without monetary consideration and as regards an intergenerational assignment - where a transfer does not involve payment of monies and satisfies the conditions of an intergenerational assignment.
• Without monetary consideration and a change in manner of holding - where a transfer does not involve payment of monies and alters the names, tenancy and/or shares of the registered proprietors.

Gross Consideration Amount

• Enter the consideration amount where the transfer is with monetary consideration.

Consideration Details

• Enter the consideration details where the transfer is without monetary consideration.

Attachment

Attachment Type – Statutory Declaration - Statement for Notice of Severance

Complete and attach the Statutory Declaration for a Transfer by a Joint Tenant (Form SD-01JI).

A statutory declaration must be made by the transferor or, where the transferor is a corporation, by an authorised officer of the corporation, and must be witnessed by a qualified witness. The applicable authority must be selected.

The statutory declaration must state the following:

1. 'I am not subject to any legal constraint which would prevent me severing the joint tenancy'. If the attorney for the transferor is making the statutory declaration, the statement should be modified to read: 'I [attorneys name], am not aware of any legal constraint which would prevent [transferor name] severing the joint tenancy'
2. 'The remaining joint tenant(s) is alive’
3. 'I do not hold the estate in a fiduciary capacity'. If the attorney for the transferor is making the statutory declaration, the statement should be modified to read: 'The [transferor] does not hold the estate in a fiduciary capacity'
4. the full name and residential address of the other joint tenant must be stated. A Post Office is not acceptable. The name must be identical to the name of the other joint tenant as shown on the Torrens Title Register.

NOTE: a discrepancy in a name stated in Item 4 must be accounted for in the statutory declaration, e.g. 'formerly known as ...'. The name will only be changed on the Torrens Title Register by lodgment of a Change of Name form.

General statutory declaration requirements can be found here.
 
Attachment Type – Caveator’s Consent

Attach a caveator’s consent if required. 

Attachment Type – Supporting Evidence  

Where there is a writ recorded on the title, and the consent of the judgment creditor for this Transfer has been obtained, the consent is required to be attached. 

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

The evidence that the Subscriber is required to retain to support a Transfer by a Joint Tenant dealing form may include:

• evidence that supports the name and address of the other joint tenant who will remain on title
• evidence that the party has made attempts to confirm the address of the other owner and has failed.

It is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

All NSW legislation can be accessed at www.legislation.nsw.gov.au