Separation reshapes everything, including what happens to the family home. When one party keeps the property, the title does not update itself. A formal transfer must be prepared, executed, and registered through Landgate under the Transfer of Land Act 1893 (WA).
Your family lawyer or the Family Court of WA establishes the agreement. RWS Settlements handles what comes next, preparing the transfer documents, coordinating with both parties, and lodging the title change through PEXA, Australia’s electronic conveyancing platform.
Both parties are involved. They do not need to communicate directly with each other. RWS coordinates with each side independently, which matters more than most people expect.
This process applies equally to married couples and de facto partners. Divorce is not a prerequisite, separation is the trigger.
Before RWS Settlements can prepare and lodge a transfer, a legally recognised agreement must exist. This is a procedural requirement, not something RWS can waive or work around.
Accepted forms include consent orders issued by the Family Court of Australia, a binding financial agreement, or a financial separation agreement prepared by a family law solicitor.
Once that documentation is in place, we take over. What the agreement contains, how assets are divided, or whether an arrangement is fair, that is not RWS Settlements’ role. If that step is not yet complete, we will direct you to a qualified family law solicitor before anything else moves forward.
RWS Settlements manages the property transfer process once a legal agreement is in place. For advice on property division entitlements, financial agreements, or consent orders, please consult a qualified family law solicitor.
Some property transfers between separated parties in WA qualify for concessional or exempt duty treatment under state revenue legislation. Eligibility turns on your specific circumstances and the legal agreement in place. RWS Settlements confirms the correct duty position with you and ensures the right documentation supports any applicable concession at lodgement.
Fixed-fee pricing applies from the outset. The price quoted is the price you pay, no hidden commissions, no adjustments at settlement. See our fees and services for full details.
Each party receives clear, direct communication about what is required of them and when. There is no expectation that you coordinate with the other side, RWS removes that friction by design.
When direct contact between parties is difficult or counterproductive, that structure protects everyone involved.
“If it hadn’t been for his expert knowledge, extra support and prompt communication I would have been jeopardised in 2 of the 3 settlements.”, Ann Nielsen
Throughout the process, you are kept informed via RWS’s online portal, direct calls, and video communication. You know what is happening now and what comes next, proactively, not because you chased for an update.
“We’ve bought and sold a lot of property and there has always been issues at settlement, but not with Jamie.”, Candice Brown
When the stakes are personal and the margin for error is low, execution is everything.
You can trust RWS Settlements to make your sale settlement as easy and stress-free as possible.
Click on the link below to obtain a no obligation quote estimate for your sale:
If you have any questions or would like to discuss your sale further, please do not hesitate to contact us to speak to a licensed settlement agent for sellers in Perth.
Jointly owned property does not automatically transfer to one party when a couple separates. A formal legal agreement must be reached first, after which a settlement agent prepares and lodges the transfer through Landgate. RWS handles the transfer execution once that agreement is in place.
Yes. A transfer requires either a voluntary agreement between both parties or a court-issued consent order. RWS communicates with each party independently throughout the process, so direct contact between the two of you is not required.
Timing depends on how quickly both parties provide required documentation and whether stamp duty concessions need to be assessed. RWS communicates progress proactively at every stage so you are never left waiting for an update. For a general guide, see how long does settlement take in WA.
In many cases, yes. A binding financial agreement or consent orders made by agreement can form the legal basis for the transfer without contested court proceedings. A family law solicitor can advise on which pathway applies to your situation.
A settlement agent prepares transfer documentation, liaises with both parties, manages the lodgement of documents with Landgate, and coordinates with Landgate to register the title change. This is distinct from a family lawyer, who advises on the agreement itself. If your agreement is in place, RWS Settlements is ready to manage what comes next.
