Cape Coastal Homes Logo
You are here: Cape Coastal Homes / Latest News / Transfer Duty And Divorce

Transfer Duty And Divorce

SHOWING ARTICLE 365 OF 1096
GALLERY

Transfer Duty And Divorce

Where a divorce settlement agreement provides that a spouse will acquire sole ownership in the whole or a portion of property registered in the name of his or her divorced spouse, the transaction is exempt from transfer duty. Does it make a difference if this property was registered in the name of an entity? Yes, as the exemption applies only where the spouse held sole ownership in his or her personal capacity.

Thus, for example, where a property was registered in the name of a trust and was made over to a divorced spouse in terms of a settlement agreement, transfer duty is payable. Remember further that from SARS's point of view, the 'transaction' occurred on the date of the divorce order, and the receiving spouse must pay the transfer duty within 6 months after that date, failing which a penalty on the outstanding amount becomes payable. 

Author STBB
Published 24 Apr 2019 / Views -
Disclaimer:  While every effort will be made to ensure that the information contained within the Cape Coastal Homes website is accurate and up to date, Cape Coastal Homes makes no warranty, representation or undertaking whether expressed or implied, nor do we assume any legal liability, whether direct or indirect, or responsibility for the accuracy, completeness, or usefulness of any information. Prospective purchasers and tenants should make their own enquiries to verify the information contained herein.