Ways to Transfer Property Ownership Without a Sale
Transferring ownership of a house in South Africa without selling is a legal process that allows property to change hands without a traditional sale. This can happen through donation, inheritance, divorce settlements, or trusts. While the process may not involve a purchase price, it still requires legal formalities, costs, and compliance with property laws.
At Burger Huyser Attorneys, we specialise in conveyancing and property law, assisting clients with seamless property transfers.
There are several scenarios in which ownership of a house can be transferred without a sale. These include:
✅ Donating the Property – Gifting the property to a family member or loved one.
✅ Inheritance – Passing down a property after the owner’s death.
✅ Divorce Settlements – Transferring property as part of a divorce agreement.
✅ Placing the Property in a Trust – Transferring ownership to a family or business trust.
Each of these methods requires legal documentation and compliance with South African property transfer laws.
1. Transferring Property Through Donation
A donation transfer occurs when the owner (donor) gives a property to another person (donee) without receiving payment. This is common when parents transfer a house to their children or family members.
Legal Requirements for a Donation Transfer:
✔ A Donation Agreement must be signed, confirming the intent to transfer the property.
✔ The new owner must accept the donation in writing.
✔ A conveyancer must handle the transfer process to update the title deed at the Deeds Office.
✔ Donations Tax of 20% applies on property worth over R100,000 per year.
*Example: If you donate a house worth R1,500,000, the first R100,000 is tax-free, but the remaining R1,400,000 is taxed at 20%, resulting in a R280,000 tax liability.
2. Transferring Property Through Inheritance
When a homeowner passes away, their property is transferred to beneficiaries according to their Will or intestate succession laws (if no Will exists).
Steps in an Inheritance Transfer:
✔ The estate must be reported to the Master of the High Court.
✔ The Executor of the estate oversees the distribution of assets.
✔ The property transfer must be processed by a conveyancer.
✔ No transfer duty is payable on inherited property, but the Deceased Estate must settle outstanding debts.
*Inheritance transfers can take several months, depending on the complexity of the estate and any disputes among heirs.
3. Transferring Property After Divorce
In a divorce settlement, one spouse may transfer property to the other without selling it. This is done according to the divorce decree and settlement agreement.
Key Considerations in Divorce Transfers:
✔ The transfer must align with the divorce order issued by the court.
✔ A conveyancer must handle the title deed transfer.
✔ If the property was jointly owned, a formal transfer of shares is required.
✔ No transfer duty is payable if the transfer is part of a divorce settlement.
*However, bond cancellation or refinancing may be required if there is an existing mortgage.
4. Transferring Property to a Trust
Some homeowners transfer property ownership to a family trust for estate planning or asset protection purposes.
How a Trust Transfer Works:
✔ The property is transferred to the trust’s name.
✔ A Trust Deed must outline ownership and beneficiaries.
✔ The trust must be registered with the Master of the High Court.
✔ The transfer is subject to Conveyancing Fees and Transfer Duty (if applicable).
*Trust transfers are useful for protecting assets from creditors but require careful tax and legal planning.
Legal and Financial Costs of Property Transfers
Even though the property is not being sold, the transfer process involves various legal fees and costs:
| Cost Type | Who Pays? | Estimated Amount |
| Conveyancing Fees | New Owner | R10,000 – R45,000 (depending on property value) |
| Deeds Office Fees | New Owner | ± R1,300 – R3,000 |
| Donations Tax (If Applicable) | Donor | 20% of donation above R100,000 |
| Estate Administration Fees (Inheritance Transfers) | Estate | 3.5% of estate value + VAT |
| Bond Cancellation Fees (If Mortgage Exists) | Current Owner | R4,000 – R6,000 |
*No transfer duty is payable in inheritance or divorce transfers, but legal fees still apply.
Steps to Transfer Property Ownership Without Selling
- Consult a Conveyancing Attorney
A conveyancer will guide you on the best legal method for your transfer. - Prepare Legal Documents
Depending on the transfer type, documents such as Donation Agreements, Divorce Orders, or Wills must be provided. - Obtain Required Certificates
✔ Municipal Clearance Certificate (Confirms all rates & taxes are paid).
✔ Compliance Certificates (Electrical, plumbing, gas, etc.). - Pay Transfer Fees and Taxes
Ensure all fees, taxes, and legal costs are paid before registration. - Register the Transfer at the Deeds Office
The new owner’s title deed is officially registered, and they take legal ownership of the property.
Why Choose Burger Huyser Attorneys for Property Transfers?
At Burger Huyser Attorneys, we offer:
✔ Expert Conveyancing Services – Handling donations, inheritance, divorce, and trust transfers.
✔ Transparent Fees – No hidden costs, with a full cost breakdown upfront.
✔ Personalised Legal Advice – Helping you choose the best transfer method.
✔ Efficient Service – Ensuring a smooth and stress-free property transfer.
Let Burger Huyser Attorneys handle your property transfer professionally and efficiently. Contact us today.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
