It can be an exciting decision when you choose to own a property together with a partner, family member or friend. To ensure everyone's interests are protected, you should go through the process of adding their name to the property title so that the decision is reflected.
When changing a property title it's always a good idea to get professional legal advice beforehand. On this page you can find general information about adding a name to a property title, including links to state and territory government websites.
The paperwork and process for adding a partner's name to your property title differs in each state and territory. You can find the relevant websites below. You will usually need the following forms and documents:
If you plan to transfer a share in your property or renegotiate any mortgage, the first step is to contact your lender. Your lender will assess the financial situation of both parties and may or may not give you consent. If approval is given, your lender will most likely lodge all the documents.
Although you may be in a perfectly happy relationship, circumstances may change in the future. If you already have equity in the property you may want to consider getting a tenants in common agreement. Rather than a 50/50 arrangement, this will give you a more proportional share of the property based on the amount you own.
Before entering any agreement, seek legal advice.
John and Ling have been dating for 3 years and are ready to move in together. Ling already has a property in Dee Why, Sydney worth $750,000 while John lives with his parents. The agreement is that John will move into Ling’s property and start making 50% towards the monthly repayments.
Ling has paid $50,000 worth of repayments and provided a $100,000 deposit. She now owns $150,000 worth of the property, which means she owns 20% of the property.
Ling and John first approach the lender to see if they can get approval to get a joint loan. After reviewing their finances, the lender consents to adding John’s name to the title and mortgage. The lender also works with a third party legal service to obtain all the legal documents and a draw up a "tenants in common" agreement. This allows them to specify how much each person will own.
They decide that Ling will own 60% of the property (including the portion she already owns) and John will own 40%. After Ling and John fill in the appropriate paperwork and pay the transfer fee of $350, the house is now under both of their names.
In some cases, stamp duty is not payable when a partner is added to a property title. This includes married, de facto and same sex couples. To get this exemption, you'll need to fill out an exemption form. This is available from your state office of revenue.
There are a number of conditions you need to meet to qualify for this exemption and these can change from state to state. As mentioned above, always check with your lender before carrying out any transfer of title or mortgage.
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Title insurance is a minor cost, but it could be a major protection for your property purchase.
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.
Transfer of ownership of property is relatively straightforward, but there are a few steps involved. Here’s what you need to know.
Hi
last month i brought land only my name. but now i want to add my wife name. How can i do it?
Hi Malik,
thanks for the question.
To initiate the transfer and find out more, please contact the Office of State Revenue for your state or territory.
I hope this helps,
Marc.
Hi, we have a house for rent and my wife’s name and myself both on the title. We have a daughter and we want to add her name in the title. We are living in another paid off property. What do we have to do, what fee and charge, tax etc we have to pay?
Hi Quynh,
Thanks for your enquiry.
We have a guide about the process of changing property ownership, but you should speak with your lender about the forms required to add your daughter’s name to the title deeds.
You can also read about how to minimize fees and charges when transferring property ownership within the family, and you can complete the form to speak to a property tax consultant.
When you gift property within the family, you may need to pay capital gains tax (CGT) which will depend on the amount of capital gain or loss derived from the CGT event. You may also need to pay stamp duty, however in some cases, you may be exempt from stamp duty tax, so it is best to check with your state office of revenue to see if you can realize an exemption.
You may also need to cover the valuation and legal fees associated with the transfer. You should also consider speaking to a conveyancer who will give expert and practical advice on what to do at every step of the process.
I hope this helps.
Thanks,
Belinda
Hi.
My husband and I are wishing to add my name to the title of our home (we bought it together and just didn’t think to put it in both names seven years ago).
Can we do this ourselves (saving money and not having to go through a solicitor’s office), and if so, can you please advise of all the forms we need to fill in, who we have to include (JP?) and how much it would cost (we live in Queensland), or if it can be done for free?
Thank you so very much for your help and advice.
Hi. My daughter and her two boys built on top of our house about five years ago, she pays towards rates etc..
Can we add her name to the title of the property and would there be a cost involved. She is a single mum.
Hi Annette,
Thanks for your enquiry.
If you would like to add your daughter’s name to the property title you can access and complete the forms identified above on this page.
You might be interested to read our guide about how to minimise costs when transferring property within the family and you can enquire with a property tax specialist to discuss the process and costs involved.
Generally, you will need to pay capital gains tax (CGT) which will be determined by the amount of gain or loss derived from the transfer, stamp duty (although you might be exempt from paying this tax so check with your state office of revenue), as well as legal and valuation charges associated with the transfer.
You should also consider speaking to a conveyancer who will give expert and practical advice on what to do in every step of the process.
Thanks,
Belinda
Hi Carrie,
Thanks for your enquiry.
It is generally advisable that you do seek legal and professional advice when adding a partner’s name to your property title.
You will need a transfer form which can be obtained from the Land and Property Information website, as well as a certificate of title and mortgage documents which you can get from your existing lender.
The costs involved when changing property ownership will vary on a number of factors but you may need to pay capital gains tax, stamp duty, valuation fees, among others.
You can read more about how to minimise these costs when changing property ownership on our guide and you can fill out a form to speak with a tax specialist to discuss your options.
Thanks,
Belinda
my defacto partner wants to buy a house in his name I don’t work as we have 5 small children together,If in the future he should die and I am left the house in his will but there’s still money owing can I stay in the house and keep paying the mortgage.??
Hi Michelle,
Thanks for your enquiry.
Given that your husband is the sole borrower of the property, in the event that he passes away, the responsibility of the debt will be passed on to the beneficiary as outlined in his will. This means the lender has the right to request the payment of the loan in full from the nominated beneficiary and thus they will inherit the mortgage repayments.
Depending on what is outlined in the will, and if you are in a position to meet the outstanding mortgage repayments, then you may be able to stay in the property.
You can read more about the responsibilities of a home loan and how to prepare in the event that your partner passes away.
You should also speak with your lender and a solicitor to fully understand the legal responsibilities should this happen.
Thanks,
Belinda
Hi team;
I own a property, and am now wanting to add my Fiancé on to the Title. Is stamp duty based on the value of the property, and will it be exempt if we are both living there?
Hi Billy,
Thanks for your enquiry.
Please note that the requirements for stamp duty exemption in this situation varies from state to state.
In some cases, when you add your partner’s name to the property title, you may be exempt from paying stamp duty. However, to find out whether you can realise this exemption, you’ll need to contact your state office of revenue.
It’s advisable that you also speak with your lender before carrying out any transfer of the property title or mortgage.
Thanks,
Belinda