Family or domestic violence relief when buying a property

If you are unable to move into an intended new home due to family or domestic violence

If you have experienced or are experiencing family or domestic violence, and this has led to you being unable to meet the residence requirement for land transfer duty or the First Home Owner Grant (FHOG), you may be eligible for ex gratia relief if the following conditions are met:

1. The land must be owned solely or jointly by you.
2. You have not or will not receive a financial benefit from the property, including rental income.

If you moved into the property for any period of time, the Commissioner may be able to reduce the residence requirement if you request a variation of residence.

Documents required to support your application could include:

• details of any financial settlement with your previous partner for the breakdown of the relationship
• a declaration, such as an affidavit or statutory declaration, confirming relevant details including what has happened with the property and/or what you intend to do with the property
• any other supporting information such as medical documents, court documents and police statements/reports.

Additional FHOG and first home buyer concession eligibility

If you have previously applied and qualified for FHOG or the first home buyer concession, but you later left the residence due to family or domestic violence, you may be eligible to access an additional FHOG and/or an additional first home buyer concession/exemption as an ex gratia payment if you:

1. Will be the sole or joint owner of the new property.
2. Intend to live in the new property as your PPR for at least 12 months, starting within 12 months of the date of settlement or completion of construction.
3. Have not received a financial benefit from the previous property.
4. Any current partner meets the eligibility requirements.

Documents required to support your application could include:

• details of your previous address, purchase price and ownership details, including whether you have been known by any other name
• details of any financial settlement with your previous partner for the breakdown of the relationship
• a declaration, such as an affidavit or statutory declaration, confirming relevant details
• any other supporting information such as medical documents, court documents and police statements/reports.

Apply for relief

If you would like to discuss your specific circumstances and whether ex gratia relief or a time variation could be considered, please submit an online enquiry (select the ‘Family and domestic violence’ category) or contact us by phone.

Access support

If you or someone you know needs help, there are a wide range of family violence support services available.