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 Change of ownership of property, Between spouse

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TSKain_Sicilian
post Aug 21 2015, 08:33 AM, updated 11y ago

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Hi, I would like to ask for some advice here regarding change of property ownership between spouses. I would like to transfer my property to my wife. Do I need a lawyer for that?? Will there be any duties and/or taxes incurred??

If a lawyer i required, may I know roughly how much are the legal fees involved in this??

Thanks in advance!!!
cdspins
post Aug 21 2015, 08:58 AM

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I have the same queries as well, would like to follow this thread. Thanks TS
Tavia88
post Aug 21 2015, 07:09 PM

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QUOTE(Kain_Sicilian @ Aug 21 2015, 08:33 AM)
Hi, I would like to ask for some advice here regarding change of property ownership between spouses. I would like to transfer my property to my wife. Do I need a lawyer for that?? Will there be any duties and/or taxes incurred??

If a lawyer i required, may I know roughly how much are the legal fees involved in this??

Thanks in advance!!!
*
Im a lawyer practising around KL. Fair advise from me. You can get it done without involving a lawyer. You must liaise with land office and also lhdn. But, if you're a first timer, then need to consider whether is the time and hectic you used is worth the legal fees for transfer. You can apply for stampduty waiver from lhdn since its between spouse. Legal fees is depends on the value of the property and also location of the property as difference land office charge difference rates for the MOT registration fees.

Hope this clarify some of yr thoughts.. tongue.gif
forever1979
post Aug 23 2015, 01:25 PM

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QUOTE(Tavia88 @ Aug 21 2015, 07:09 PM)
Im a lawyer practising around KL. Fair advise from me. You can get it done without involving a lawyer. You must liaise with land office and also lhdn. But, if you're a first timer, then need to consider whether is the time and hectic you used is worth the legal fees for transfer. You can apply for stampduty waiver from lhdn since its between spouse. Legal fees is depends on the value of the property and also location of the property as difference land office charge difference rates for the MOT registration fees.

Hope this clarify some of yr thoughts.. tongue.gif
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Hi lawyer, is it the exemption of stamp duty for transfer of house between husband and wife can treat as 'gift' ?

pls correct me if I am wrong.
Tavia88
post Aug 23 2015, 03:57 PM

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QUOTE(forever1979 @ Aug 23 2015, 01:25 PM)
Hi lawyer, is it the exemption of stamp duty for transfer of house between husband and wife can treat as 'gift' ?

pls correct me if I am wrong.
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Yes, its free between spouse. Must provide your marriage certificate as prove.
peri peri
post Sep 11 2015, 04:58 PM

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just do a will. anything can transfer to ur wife (s)
WaCKy-Angel
post Sep 11 2015, 05:01 PM

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QUOTE(Tavia88 @ Aug 21 2015, 07:09 PM)
Im a lawyer practising around KL. Fair advise from me. You can get it done without involving a lawyer. You must liaise with land office and also lhdn. But, if you're a first timer, then need to consider whether is the time and hectic you used is worth the legal fees for transfer. You can apply for stampduty waiver from lhdn since its between spouse. Legal fees is depends on the value of the property and also location of the property as difference land office charge difference rates for the MOT registration fees.

Hope this clarify some of yr thoughts.. tongue.gif
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Whats the price for everything done, say a landed property worth 600K market price? Location is Kuchai Lama.
Btw leasehold vs freehold would make any difference?

eggtart_wong
post Sep 11 2015, 05:46 PM

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QUOTE(WaCKy-Angel @ Sep 11 2015, 05:01 PM)
Whats the price for everything done, say a landed property worth 600K market price? Location is Kuchai Lama.
Btw leasehold vs freehold would make any difference?
*
I think roughly about RM5K ++. Freehold property meaning there will not be a restriction-of-interest in the title, meanwhile for Leasehold property there's a restriction-in-interest in the title due to 99 years lease allowed by State Authority. So in Leasehold property case you have to apply for Consent to Transfer from the State Authority & this will incur charges as well during application and registration of Consent to Transfer at Land Office. smile.gif

Different Land Offices have different charges and you have to refer to the title on where the property is based.

This post has been edited by eggtart_wong: Sep 11 2015, 05:48 PM
Tavia88
post Sep 11 2015, 09:09 PM

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QUOTE(WaCKy-Angel @ Sep 11 2015, 05:01 PM)
Whats the price for everything done, say a landed property worth 600K market price? Location is Kuchai Lama.
Btw leasehold vs freehold would make any difference?
*
Hi, costing for rm600k transfer between husband and wife is around rm4.5k to 6k depends on the location and status of title either free or leasehold. If leasehold slightly expensive as need to apply for consent.
propertymalaysia
post Sep 14 2015, 09:56 PM

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Land office is the first step. A good friend once said to me that I could actually save my legal fees for doing so. Of course, if you do not mind the hassle.

 

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