Last reviewed: 14 July 2026
Buying property in Australia can be more complicated where one purchaser is a foreign person and the other is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Foreign persons generally need approval before acquiring Australian residential land. However, a limited exemption may apply where the foreign buyer acquires the property together with a qualifying spouse.
The exemption is valuable, but narrow. It depends on the relationship between the purchasers, the immigration status of the qualifying spouse and, critically, how the property will be owned.
The key FIRB exemption for spouses buying as joint tenants
A foreign buyer may be exempt from foreign investment approval when acquiring residential land as joint tenants with:
- an Australian citizen spouse;
- an Australian permanent resident spouse; or
- an eligible New Zealand citizen spouse who is entitled to hold a Special Category visa.
The exemption does not generally extend to a purchase made as tenants in common.
This distinction should be addressed before the contract is signed. The ownership structure recorded in the contract and transfer documents can determine whether the exemption is available.
Why joint tenants matters
Joint tenants and tenants in common are different forms of co-ownership.
Joint tenants
Joint tenants generally own the property together as one undivided legal interest and have a right of survivorship.
Where the statutory requirements are satisfied, this form of ownership may allow the foreign spouse to rely on the FIRB spouse exemption.
Tenants in common
Tenants in common hold separate legal shares in the property. The shares may be equal or unequal.
The FIRB spouse exemption does not generally apply to a tenants-in-common acquisition, even where each spouse will hold a 50% interest.
A foreign buyer purchasing as a tenant in common may therefore still need approval for their interest.
Who counts as a qualifying spouse?
The relationship and immigration status of the other purchaser must be confirmed carefully.
The qualifying purchaser may be:
- an Australian citizen;
- an Australian permanent resident; or
- an eligible New Zealand citizen who is entitled to hold a Special Category visa.
A person who has applied for permanent residence but has not yet received it should not be treated as an Australian permanent resident merely because an application is pending.
The exemption may also depend on whether the relationship satisfies the relevant legal definition of spouse or de facto partner.
The exemption is not available for every joint purchase
A mixed-nationality purchase should not automatically be described as exempt simply because one purchaser is Australian.
Further review may be required where:
- the purchasers intend to hold the property as tenants in common;
- another person will also acquire an interest;
- a company or trust will be the purchaser;
- the foreign spouse will acquire a separate beneficial interest;
- the relationship status is uncertain;
- the Australian spouse’s residency status has not been confirmed;
- the ownership structure will change after settlement; or
- the transaction involves an established dwelling or another restricted property category.
The exemption should be confirmed before the buyer relies on it in a contract.
Example: temporary resident buying with a permanent resident spouse
A Hong Kong citizen living in Brisbane on a temporary visa intends to purchase an apartment with her spouse, who is an Australian permanent resident.
If they acquire the property as joint tenants and the other statutory requirements are satisfied, the foreign spouse may be able to rely on the FIRB spouse exemption.
If they acquire the property as tenants in common, the exemption would not generally apply, even if they each hold an equal share.
The couple should also separately assess Queensland duty, AFAD, land tax and contract issues.
FIRB exemption does not mean AFAD exemption
One of the most common misunderstandings is that a FIRB exemption removes all foreign-buyer charges.
It does not.
FIRB is a Commonwealth foreign investment regime. Queensland transfer duty, Additional Foreign Acquirer Duty and land tax operate under separate state legislation.
A couple may therefore qualify for the FIRB spouse exemption but still need advice about:
- ordinary Queensland transfer duty;
- Additional Foreign Acquirer Duty;
- foreign or absentee land tax surcharges;
- the ownership interest of each spouse;
- the purchasing entity; and
- post-settlement ownership changes.
See our detailed guide to Additional Foreign Acquirer Duty in Queensland .
Does the exemption apply to established dwellings?
Foreign investors are generally prohibited from purchasing established dwellings from 1 April 2025 to 30 June 2029, subject to limited exceptions. :contentReference[oaicite:1]{index=1}
A valid spouse exemption may affect whether foreign investment approval is required, but the facts should still be reviewed carefully before an established property is purchased.
Buyers should not assume that the existence of an Australian spouse automatically resolves every restriction affecting the property.
For a broader explanation, see: Can Foreigners Buy Property in Queensland?
What should be checked before signing?
- Confirm that the qualifying spouse is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
- Confirm that the relationship satisfies the relevant legal definition.
- Record the ownership as joint tenants where the exemption is intended to apply.
- Confirm that no third purchaser, company or trust will acquire an interest.
- Check whether the property is new, near-new, vacant or established.
- Review whether Queensland AFAD or another state surcharge may still apply.
- Consider land tax consequences after settlement.
- Keep documentary evidence of citizenship, permanent residence, visa status and relationship status.
- Obtain a contract review before the transaction becomes unconditional.
What evidence should buyers retain?
Buyers relying on the spouse exemption should retain documents supporting the basis of the exemption.
Depending on the circumstances, relevant evidence may include:
- Australian citizenship evidence;
- Australian permanent residence evidence;
- eligible New Zealand citizenship and visa evidence;
- marriage or relationship documents;
- the signed contract;
- the transfer document;
- settlement instructions confirming joint tenancy;
- title records after settlement; and
- legal advice concerning the exemption.
The transaction documents should remain consistent. A mismatch between the intended ownership structure and the final title may create complications.
Can the ownership structure be changed later?
A later change from joint tenants to tenants in common, or a transfer of part of the property to another person or entity, may have separate legal, duty, tax and foreign investment consequences.
Couples should obtain advice before:
- severing a joint tenancy;
- changing ownership percentages;
- adding another owner;
- transferring the property to a trust or company;
- undertaking an estate-planning restructure; or
- changing ownership following separation.
FIRB exemption does not remove post-settlement obligations
Depending on the parties and property, post-settlement obligations may still need to be considered.
These may include:
- foreign ownership register notifications;
- vacancy fee reporting;
- land tax notifications;
- record keeping;
- reporting later ownership changes; and
- compliance with any separate approval or taxation requirement.
Current official guidance confirms that foreign investors must generally notify the Register of Foreign Ownership of Australian Assets when buying or selling residential land and may face vacancy fee obligations where the property is not occupied or genuinely available for rent for the required period. :contentReference[oaicite:2]{index=2}
See: Foreign Ownership Register and vacancy fee obligations after settlement .
Frequently asked questions
Can a foreign person buy property with an Australian spouse without FIRB approval?
Potentially. A limited exemption may apply where the property is acquired as joint tenants with a qualifying spouse and the other statutory requirements are satisfied.
Does the exemption apply to tenants in common?
No. The spouse exemption does not generally apply where the property is acquired as tenants in common.
Does a 50/50 ownership split qualify?
A 50/50 split held as tenants in common does not generally satisfy the joint-tenants requirement.
Does the exemption apply if permanent residence is still pending?
A pending application is not the same as holding Australian permanent residence. The status should be confirmed before relying on the exemption.
Does the exemption remove Queensland AFAD?
Not automatically. FIRB and Queensland AFAD are separate legal regimes.
Can the property be purchased through a company or trust?
The individual spouse exemption should not be assumed to apply where a company or trust is the purchaser.
Should the contract still be reviewed?
Yes. The contract should correctly record the purchasers, ownership structure and any conditions required for the transaction.
How Ensure Legal can assist
Ensure Legal advises foreign buyers and mixed-nationality couples on FIRB, title structuring, Queensland duty and property contract risks.
Our work may include:
- reviewing whether the spouse exemption is available;
- confirming the proposed joint-tenancy structure;
- reviewing citizenship and residency evidence;
- reviewing the contract before signing;
- advising on FIRB approval where the exemption is unavailable;
- reviewing Queensland AFAD exposure;
- conducting Queensland conveyancing; and
- advising on post-settlement foreign ownership obligations.
Read more about our FIRB and foreign investment services and Queensland conveyancing services .
Contact Ensure Legal before signing a Queensland property contract
Disclaimer: This article provides general information only and does not constitute legal, taxation, financial or migration advice. Whether the FIRB spouse exemption, AFAD, land tax or another obligation applies depends on the purchasers, relationship, immigration status, ownership structure, property and transaction. Obtain advice before signing a contract.
