46Exception—transfer to spouse on death or break down of relationship

46 Exception—transfer to spouse on death or break down of relationship

46 Exception—transfer to spouse on death or break down of relationship

(1) This section applies to a transfer of land from an included owner—

(a) as a result of a relevant event for the included owner, and

(b) to a person (the former spouse) who was the spouse of the included owner immediately before the relevant event.

(2) No duty is chargeable on the transfer.

(3) The former spouse becomes an included owner.

(4) The land remains subject to property tax with the proportion subject to property tax being unchanged.

(5) In this section—

eligible life estate has the same meaning as in section 8.

relevant event, for an included owner, means—

(a) the death of the included owner, or

(b) the break down of the included owner’s marriage or de facto relationship.

transfer of land includes the creation of an eligible life estate in the land.