Document ID: chunk:federal_register_of_legislation:C2025C00167:section:120:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 120 (pt 2/2)
Character Range: 335620–337266

following have no value as consideration:
 (a) the fact that the transferee is related to the transferor;
 (b) if the transferee is the spouse or de facto partner of the transferor—the transferee making a deed in favour of the transferor;
 (c) the transferee's promise to marry, or to become the de facto partner of, the transferor;
 (d) the transferee's love or affection for the transferor;
 (e) if the transferee is the spouse, or a former spouse, of the transferor—the transferee granting the transferor a right to live at the transferred property, unless the grant relates to a transfer or settlement of property, or an agreement, under the Family Law Act 1975;
 (f) if the transferee is a former de facto partner of the transferor—the transferee granting the transferor a right to live at the transferred property, unless the grant relates to a transfer or settlement of property, or an agreement, under the Family Law Act 1975 or the Family Court Act 1997 (WA).

Protection of successors in title
 (6) This section does not affect the rights of a person who acquired property from the transferee in good faith and by giving consideration that was at least as valuable as the market value of the property.

Meaning of transfer of property and market value
 (7) For the purposes of this section:
 (a) transfer of property includes a payment of money; and
 (b) a person who does something that results in another person becoming the owner of property that did not previously exist is taken to have transferred the property to the other person; and
 (c) the market value of property transferred is its market value at the time of the transfer.