First Home Buyer Stamp Duty Relief After Family Violence

Often by people who bought their first home with a partner, left because they were unsafe, and have been told they have already ‘used up’ their first home buyer help.

The short answer: From 25 June 2025, victim survivors of family violence in Victoria can requalify for first home buyer benefits in certain cases, even if they previously owned a home or received first home buyer support. The relief can apply to the standard first home buyer duty exemption for homes up to $600,000, the concession for homes from $600,001 to $750,000, and the $10,000 First Home Owner Grant for a new home up to $750,000. You need to show you left the earlier home because of family violence, have not received a financial benefit from that property, and meet the residency rules unless the State Revenue Office grants a variation or waiver.

What changed for first home buyers after family violence in Victoria?

Victorian law now gives some victim survivors a second chance at first home buyer benefits. The State Taxation Acts Amendment Act 2025 received Royal Assent on 24 June 2025, with the relevant relief starting the next day.

Before this change, the rule was blunt. If you, your spouse, or your partner had previously owned residential property in Australia, first home buyer benefits were usually off the table. The reason you left that earlier home did not carry much weight.

That was especially harsh for people who had to leave a property because of family violence. Someone might have been on title for a short time, received no sale money, kept no rental income, and still been treated as though they had enjoyed the full benefit of home ownership.

The new relief changes that. It amends the Duties Act 2000 and the First Home Owner Grant and Home Buyer Schemes Act 2000, so the State Revenue Office can look at the family violence history and the financial outcome from the earlier home.

Who can claim first home buyer relief after family violence?

You may be able to claim the relief if you left your earlier home because of family violence and did not receive a financial benefit from that property. You must also be buying a Victorian home and, unless a variation or waiver applies, intend to live there as your principal place of residence for at least 12 continuous months, starting within 12 months of settlement or completion of construction.

Family violence has a broad meaning under Victorian law. It can include physical violence, sexual abuse, emotional or psychological abuse, economic abuse, threats, property damage, coercive control, and behaviour that makes a person fear for their safety or wellbeing.

You do not need to have a criminal conviction or a final intervention order before you can raise the relief. Those documents may help, but the State Revenue Office can consider other evidence too.

If you are buying with a new spouse or partner, their history still matters. The relief can reset your own earlier ownership position where the family violence rules are met, but it does not wipe away a new partner’s separate ownership history.

What does ‘no financial benefit’ from the previous home mean?

The relief is aimed at people who had to leave and did not get money or value from the earlier property. A financial benefit can include rent, sale proceeds, or money received in a property settlement where the earlier home was part of the asset pool.

This is the point that often needs the closest review. In plain English:

If your former partner kept the home and you received no payout, the relief may still be available.
If the home was sold and you received part of the net sale proceeds, that is likely to count as a financial benefit.
If you received cash, superannuation splitting, or another asset because the home was counted in a family law settlement, that may also be a financial benefit.
If you stayed on title and the property was rented out, the rent may rule out the relief.

In our practice, we've seen this come up most often when a client has consent orders or a family law agreement and is unsure whether the earlier home was counted in the split. That paperwork needs careful reading before anyone assumes the exemption is safe to claim.

How does the 12 month residency rule work?

The standard rule is that you must occupy the new home as your main residence for at least 12 continuous months. You usually need to start living there within 12 months of settlement or completion of construction.

For victim survivors, that can be harder than it sounds. Safety issues do not always end when a contract settles. A new home may become unsafe, the location may be discovered by the former partner, or a person may need to move again on safety advice.

The law now allows two forms of help:

A variation, where you can live in the home for part of the required period but not the full 12 months.
A waiver, where family violence prevents you from moving into the home at all.

You apply by writing to the State Revenue Office and giving a clear explanation with supporting documents. The request needs to show that family violence caused the residency problem and that you have not received, and will not receive, a financial benefit from the home.

What documents can support a family violence relief application?

The State Revenue Office can consider several types of documents. You do not need every item, but your evidence should tell a clear story about why you left, what happened with the earlier home, and whether you received any financial benefit.

Useful documents may include:

a statutory declaration or affidavit explaining the family violence and why you left the earlier home
an interim or final family violence intervention order
a family violence safety notice
police statements or reports
letters from a doctor, psychologist, counsellor, or family violence support service
court orders, consent orders, or settlement documents showing how property was divided
title and sale documents for the earlier home

For a Melbourne buyer trying to act quickly before an auction, this can feel like a lot. The best step is to raise it during contract review, not on settlement day. That gives your conveyancer time to work out what evidence exists and whether the claim should be lodged at settlement or dealt with through a separate State Revenue Office request.

Does the relief apply to the First Home Owner Grant too?

Yes, the family violence relief can apply to both the duty benefit and the First Home Owner Grant. The duty exemption or concession can apply to eligible new or established homes, while the grant only applies to a new home that has not been lived in or sold as a residence before.

For many Melbourne buyers, that means the duty relief is the bigger issue because most entry level homes are established apartments, units, townhouses, or older houses. If you are buying a new build, off the plan apartment, or house and land package, the grant may also matter.

The duty benefit is usually claimed through the Duties Online process as part of settlement. The grant is usually claimed through an approved lender or directly through the State Revenue Office, depending on the purchase and finance setup.

Why should you raise this before signing a contract?

You should raise the relief before signing because the contract price, ownership structure, partner history, and evidence can all affect eligibility. Once you are unconditional, it can be much harder to fix a rushed assumption.

A conveyancer can help check:

whether the price falls within the exemption or concession band
whether the home type fits the benefit being claimed
whether a current partner’s history affects eligibility
whether the earlier property produced any financial benefit
whether the residency requirement is realistic
whether a variation or waiver may need to be discussed early

The relief can make a real dollar difference. On a $580,000 established home in suburbs such as Reservoir, Sunshine, Werribee, or Frankston, the duty saving can be enough to change whether the purchase feels possible at all.

Frequently asked questions

What is first home buyer relief after family violence in Victoria?

First home buyer relief after family violence is a Victorian rule that allows eligible victim survivors to requalify for first home buyer duty benefits and, in some cases, the $10,000 First Home Owner Grant. It is designed for people who left an earlier home because of family violence and did not receive a financial benefit from that property.

Do I need a family violence intervention order to claim the relief?

No, an intervention order is not always required. It can be useful evidence, but the State Revenue Office may also consider statutory declarations, court documents, police material, medical records, or letters from family violence support services. The key issue is whether the documents support your explanation.

What counts as a financial benefit from the previous home?

A financial benefit can include rent, profits from selling the earlier home, or money received in a financial settlement where that home was included as an asset. If you walked away with no payout and no rental income, the relief may still be open. If you received value because of the earlier property, the claim needs careful checking.

What if my current partner has owned a home before?

If you are buying with a current spouse or partner, they usually need to meet the first home buyer rules in their own right. The family violence relief can deal with your earlier ownership history, but it does not automatically reset your new partner’s history. This is one of the first things to check before signing.

Can I get a variation or waiver of the 12 month residency rule?

Yes, a variation or waiver may be available where family violence prevents you from meeting the 12 month residency requirement. A variation may help if you can live in the home for only part of the required period. A waiver may help if you cannot move in at all because of family violence.

Does the relief cover both the duty exemption and the First Home Owner Grant?

Yes, it can cover both benefits where the conditions are met. The duty exemption applies to eligible homes up to $600,000, with a concession from $600,001 to $750,000. The First Home Owner Grant is a separate $10,000 payment for eligible new homes valued up to $750,000.

How do I apply for first home buyer relief after family violence?

Tell your conveyancer as early as possible, ideally during the contract review stage. The duty benefit is usually handled through the Duties Online settlement process, while the First Home Owner Grant is claimed through an approved lender or the State Revenue Office. If you need a variation or waiver of the residency rule, you can write to the State Revenue Office with your explanation and supporting documents.

About the Pearson Chambers Conveyancing team

Pearson Chambers Conveyancing is a Melbourne focused conveyancing firm helping first home buyers, sellers, and property owners across Victoria. We review contracts and Section 32 statements, manage settlement steps, and help clients understand duty exemptions, concessions, grants, and practical risks before they sign. Family violence first home buyer relief is now part of the day to day advice Victorian buyers may need when rebuilding safely.

Sources we consulted

Need help checking whether the relief applies?

If family violence is part of the reason you are buying again, you do not have to work through the duty rules alone. Pearson Chambers Conveyancing can review your contract, check the first home buyer relief requirements, and help you work out what evidence may be needed before settlement.

We also offer a complimentary Section 32 contract review for Melbourne and Victorian buyers before they sign.

Email contact@pearsonchambers.com.au to speak with the Pearson Chambers Conveyancing team.

General information only, current as at the date of publication. Victorian conveyancing rules and legislation change frequently. Please contact the Pearson Chambers Conveyancing team for advice on your specific contract.