Persona · Last reviewed 2026-05-01
After the settlement, the next home.
Family-court transfer-duty exemption, CGT relationship-breakdown rollover, capacity reset on a single income.
Family-law settlements involving property attract specific tax treatment. Section 126-5 ITAA 1997 provides a marriage / relationship-breakdown rollover for CGT. Transfers under a court order or binding financial agreement defer CGT until the receiving spouse later sells. Family-court-ordered transfers between spouses are also exempt from stamp duty under each state's Duties Act (NSW s68A, VIC s44, QLD s152, etc.).
Practical capacity reset: post-separation buying capacity is materially lower because you're servicing on a single income with often a child-support obligation factored in. The buying-power calculator reflects this. Input single income, dependants, monthly expenses, and existing debt servicing. Most banks will discount child support by 60-80% for credit purposes.
What we model: capacity on a single income, stamp duty with FHB-disqualification (you've owned before so FHB exemptions don't apply to most), CGT positioning if the transferred property is being sold within a year of the order.
Typical position
- Capacity
- $400K to $800K typical post-settlement single-income
- Deposit
- Settlement payout often funds 20%+
- Horizon
- Buy within 6-18 months post-settlement
Informational. Not financial advice. Your specific position depends on your full income / debt / dependants picture — run the calculators with your numbers.
Calculators that fit
- Buying power calculator
Single-income capacity reset.
- Stamp duty calculator
Family-court exemption flagged where applicable.
- CGT calculator
Relationship-breakdown rollover (s126-5).
Guides that go deeper
- Capital gains tax explained
Cost base, 50% discount, main residence, s126-5.
Terms in this persona
Other personas
- First home buyer using the Home Guarantee Scheme
- First investment property buyer
- Downsizer (60+)
- Buyer's agent client
- SMSF property investor
- Multi-property portfolio investor
- Regional + lifestyle-migration buyer
- Interstate investor
- Off-the-plan buyer
- Existing borrower refinancing
- Australian expat returning home
- Deceased estate inheritor
- Owner-occupier upgrader (second home)
Open the playbook — 11 chapters end-to-end, every threshold cited.