Transfer of property title ownership: How to transfer a house title
Changing property ownership between spouses or other co-owners is relatively straightforward, but there are a few steps involved. Here's what you need to know.
There are a number of reasons why people look into changing the names on a property title. You might have shared ownership between high and low income earners and you want to spread the capital gain and income tax liabilities. Or perhaps there's been a relationship breakdown and one co-owner is transferring the property to the other.
You need to know the different types of ownership structure to help you work out how to transfer ownership. This guide to changing property ownership will help you determine which property ownership structure suits you best and how to move forward with a transfer of ownership.
If you need expert help navigating title changes and property ownership questions you should consider speaking to a conveyancer or solicitor. They can help you with issues related to ownership and property law.
Types of ownership structure
- Outright ownership. You are the sole owner of the property. Your name alone is on the deed and you are responsible for the property. The property is likely to be owned in your own personal name.
- Joint tenants. You own the property equally with someone else. Together you both have full ownership of the property. One joint tenant cannot pass their share onto another person when they die; it automatically passes instead to the other joint tenant.
- Tenants in common. This is where 2 or more people own specified portions of the property. This can be a 50/50 split, or 70/30, or any other combination. Each owner has their own rights to their share and can sell it to others, or offer it in a will to someone else. The other tenants in common don't have an automatic right to the whole property.
- Trust ownership. This is where the property is owned and managed by a trust, which is an entity that holds assets in trust on behalf of its beneficiaries. There are a number of trust types, although the most common are family trusts. These are useful for when property is being left to younger family members.
- Company ownership. You can also own property through a company. Profits are liable to be taxed at business tax rates, which currently has a base rate of 25%, assuming the property is an investment.
Adding your partner's name to your house
Why change the property ownership?
There are many reasons people may want to change the ownership details of the property, ranging from a change in circumstance or situation all the way to gifting to a family member or inheritance. Below is a list of the most common reasons people have for changing property ownership:
- Divorce. When you purchase a property as part of a relationship and that relationship breaks down you will want to make changes to the details of ownership.
- Change ownership structure. You may have originally chosen an ownership structure that no longer is relevant for you and anyone you may own the property with.
- Family reasons. The owner of the property may have become quite ill or unable to properly look after their own affairs and they have decided to pass the property onto a family member, or the owner may have died. All these situations would require that the family make changes to the ownership.
- Change in circumstance. A property may have been purchased with the assistance of a friend or family member or as a joint purchase and now there has been a change in financial circumstance that allows one owner to buy the other out.
- Gifting property to family. It's a very common scenario that family members want to transfer property to other family members, like a parent giving a home to their child.
How much does changing property ownership cost?
- Stamp duty. Changing property ownership will incur stamp duty, which will be calculated based on the valuation of the land. Usually it is between 3% and 5.5%. In some states like Victoria, stamp duty can be waived. Find out more here.
- Capital gains tax (CGT). Selling or transferring ownership may incur CGT. If the sale involves an investment property, then the seller will need to pay CGT. As a general rule, it is 25% of the capital gain. Read more about Capital Gains Tax.
- Fees. When you sell or transfer the title of a property, you change the conditions of the mortgage, which may incur break fees. If you require a lawyer, there may also be legal fees and valuation fees.
Expert insight: Think twice about a spousal trasnfer
"Transferring investment or income generating property to a spouse may seem like an attractive option where change of income circumstances arise, however, will likely lead to Transfer Duty being incurred by the incoming proprietor and a Capital Gains Tax event arising for the party relinquishing their share. In most jurisdictions in Australia, there is an exemption of Transfer Duty in a very specific scenario where half of the title is gifted to the spouse, so long as they are not already on title and the property is their primary place of residence. Prior to considering this type of property transfer it is essential that expert advice is sought from a property professional and accountant to ensure all liabilities and taxes are taken into consideration."
Steps involved in changing property ownership
The steps involved in changing property ownerships vary depending on the type of property ownership, how you are changing it and whether it is under a mortgage. Below are some of the key steps involved.
1. Check the mortgage. If the property still has a home loan attached to it you will need to have the details of this on hand as they may also need to be adjusted depending on your reason for making a change to the property ownership.
2. Get a copy of the property title. You can contact your local state office that looks after land titles for a copy of the property's title as a reference for changing the details.
3. Fill out a property title transfer form. You can get this from your government agency that looks after land titles for the form/s required to change the property ownership. You can also ask them for instructions on how to properly fill this out.
4. Submit the title transfer form. Once you have completed the form with all relevant details you will need to submit it to your local state government land office that looks after property titles.
5. Pay the relevant fee. Any change of title or adjustment to property ownership will incur a fee to be paid to the relevant state government office.
6. Wait for the processing of the form. The relevant agency will process the form and if all is well will make the relevant adjustments to the ownership details held by the state.
If you have a mortgage still attached to the property you will need to notify your bank of the change to property ownership and they may ask you to alter your loan documents to match the property title details.
Beware of tax legislation
There are anti-tax avoidance rules that state you must have a valid reason for transferring the title of a property apart from tax benefits. Be sure you know your reason and be certain to document it.
More resources on Finder
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How to remove someone’s name from a property title
Removing a name from a property title can require the help of a legal expert, and might come with fees depending on the state. Find out how to do it here.
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Adding your partner’s name to your house title
Adding a name to a property title, or transferring house title to your spouse? Our guide walks you through the steps and costs involved.
Ask a question
I own my house but my marriage has ended. No I’ll feelings. All I want to do is put my wife’s name on the deed and if possible take mine off. Can you tell me the most simple way to go about this.
I suggest talking to a conveyancer to set this up. There may also be stamp duty payable if the name on the title is changing. There are exceptions for family members, however, and this may include marriage breakdown.
I was in a de facto relationship. My mothers home was sold to me very cheap by my brother who had acquired it through my mothers will. I payed the full amount myself, with no input from my de facto. It was the only house I owned and my principle place of residence. At the time, I was facing financial difficulties, and I wrongly feared that my bank had the ability to seize it and sell it if I were to file bankruptcy. So the property was put into my partners name. The relationship has ended and he has told me he is keeping my childhood home. I am no longer living there and he has remained in the house. The property is not worth a lot of money, so it’s only him being spiteful. Do I have any rights to the house or have I made a huge mistake?
Thank you.
Please contact a lawyer for professional advice. I’m afraid we can’t really help you here.
If you are reverting back to your maiden name, is it necessary to change your name on the title which is in your married name?
Hi Denise,
Depending on where you live, you could use a change of name form to update the title. Check your state’s land titles office.
My father has been in a nursing home for five years. This is fully funded by his pension. He has lost capacity many years ago. I have an enduring power of attorney for his financial and health affairs. My mother and father own a property together with no mortgage which my mother still resides in. My mother has been diagnosed with pancreatic cancer which is terminal. How do we transfer my father‘s 50% share of the family home to my mother so that upon her passing The home and other assets are distributed according to her will And my father’s nursing home accommodation continues to be funded by his pension?
Hi Steve,
I’m sorry but we really can’t offer any help here as we’re not licensed to give personal financial advice (or legal advice). Might be worth speaking to a conveyancer about the property title? If you have enduring power of attorney than you might be able to authorise the title change. An estate planner could help too.
Kind regards,
Richard
I have an investment property with my son in WA. We wish to take his name off and add my other son instead with me and he will be living in the property so it will a home not investment property. What are the steps involved.
Hello Pamela,
I suggest talking to a conveyancer to help you with the process. If there’s a loan on the property you’ll need to talk to your lender as well. And of course your son who is on the title will need to agree to be removed.