Are you planning to have a property currently registered under your husband’s or wife’s name transferred to your name?
In Malaysia, married couples may transfer property between themselves by way of love and affection, subject to the relevant legal requirements.
Is There Any Stamp Duty Exemption?
Qualifying transfers of immovable property between husband and wife are entitled to full stamp duty exemption under the Stamp Duty (Exemption) (No. 10) Order 2007.
The exemption applies to the instrument of transfer. Other expenses, including legal fees, registration fees and financing-related expenses, may still be payable.
Note: The information above is accurate as at the date of publication and is subject to changes in the applicable laws and regulations.
Can You Transfer a Property That Is Still Under a Bank Loan?
If the property is subject to an existing housing loan, arrangements with the bank may be necessary.
Depending on the circumstances, the existing charge may need to be discharged or the property refinanced before the transfer can be completed.
How Can TEH & YU Assist?
Our conveyancing lawyers can assist with reviewing the property documents, preparing the transfer documentation and attending to the relevant legal formalities.
TEH & YU provides legal assistance for property transfers between spouses in Kuala Lumpur, Selangor and other parts of Peninsular Malaysia.
Contact us to enquire about transferring property from your husband or wife to your name.