VIC Stamp Duty exemptions & tenants in common

I am about to financially settle after divorce with my ex and I aim to keep the property we shared (I am currently on the title with my ex) and want buy him out.

My new partner and I are both needed to service the loan, but we are trying to protect this asset for my children in case something happens to me.

Question 1: can we get a loan where I am the only one on the title, but both our names are on the loan? Will I be exempt from stamp duty?

If not...
Question 2: can we look at getting the title put in both our names as Tenants in Common, with 90% me and 10% him? And, will I still be exempt from stamp duty? And will he be only required 10% stamp duty?

 

Hey this is 2 questions!

To get a loan with 2 on the loan and one as an owner you must be spouses.

this is 3 questions!

Yes potentially,

The duty exemption is found in s44 of the duties act.

You can read it here and then seek legal advice.

DUTIES ACT 2000 - SECT 44 Breakdown of marriage and domestic relationships

 

The duties AND CGT issues need to ensure that the property settlement is a family law settlement and not just agreed between former spouses. Not sure how that can be effected if you both remain as owners ? Its one for legal advice for sure. Imagine if the ex stopped paying ? It may destroy both credit histories. EACH of you would need independent legal advice I believe.