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,
My husband and I both own investment properties (each in our own names). We use these as tax offsets. We are expecting a baby later this year which will mean that I am not working/earning a much lower income and thus needing to pay much less income tax.
I am wondering of the benefit of adding my husbands name to my investment property title (ie 50/50% each) for the purpose of him being able to use it as extra tax offsets against his income.
Is this something that is commonly done and do the fee costs involved in the title change outweigh the tax benefit of doing this?
Thanks.
Hi Susie,
Thanks for reaching out.
finder.com.au is an online comparison service so we cannot provide you with advice regarding your personal situation.
It would be best that you seek financial advice regarding the tax implications of adding your husbands’ name to the investment property title.
Thanks,
Belinda
we have a property under mortage and the property is joint property (both husband and wife) and now my husband willing to transfer the property under my name, i need to know what is the procedure and processing time in common wealth bank, reply me please.
Hi Prithy,
Thanks for your enquiry.
To have the home loan account transferred in your name- this is a new loan application. This will be the same process when you applied for the joint home loan application with Commonwealth Bank, however it will now be in your name.
As long as you are able to service the loan amount, then you are eligible to apply.
The settlement may take up to 4-6 weeks.
Thanks,
Belinda
I own my own property with no mortgage or debts and want to add my partners name to the deeds of my/our property. She is currently separated and will be seeking a divorce following a 2+ years separation, we have lived together since February 2013. We are undecided if she will change her name by deed poll following her divorce, she is quite keen to adopt my surname which would be somewhat unusual at a later wedding or she might choose another name. She also intends to invest significantly in the property carrying out some improvements and repairs.
Can you clarify any issues this could present, Capital gains or other such duties that we may become liable for or advise if a deed of trust would be a less costly way to proceed whilst affording her the protection we desire. I have already made her sole beneficiary in my will but we worry that it does not offer quite the same level of protection for her interest.
Hi Hamsie,
Thank you for reaching out, we have contacted you by email.
Regards
Jodie
Hi!
My husband and I have both our names on mortgage for our investment property, but it is only his name on the house title. Does it mean, that he is the only owner of that property and I have no legal right to solely inherit this property even though I pay the mortgage?
He has 3 grown up children from his previous marriage and we have a child together who is a minor.
Thank you very much Belinda. Would you happen to know what kind of stamp duty will we have to pay on residential investment property in NSW (Sydney metro) for us to add my name to the house title, would it be a full stamp duty amount or half or does it depend on the property price?
Thank you in advance.
Nat.
Hi Nat,
If you plan to add your title to the property, the first step is to get in contact with your lender to discuss whether this would be feasible.
In some cases, stamp duty is not payable when a partner is added to the property title. This includes married, de facto and same sex couples. To realise this exemption, you’ll need to fill out an exemption form, which you can get from your state office of revenue.
There are several conditions that must be met before this exemption can be realised. As mentioned, always check with your lender before carrying out any transfer of title or mortgage.
Thanks,
Belinda
Hi Nat,
Thanks for your question.
As every case is different, it is recommended that you seek legal and professional advice regarding this matter and your best course of action.
It is not uncommon for a name on the mortgage to not be included on the deed. The names on the mortgage indicate the parties held responsible for repaying the loan, it does not convey ownership. Whereas, the names on the deeds convey ownership of the property.
Deeds reflect the name of the sole owner, the names of tenants in common, or the names of joint tenants. If the investment property is titled under sole ownership, this could mean that the property is only owned by your husband without any transfer on death designation.
I hope this helps.
Thanks,
Belinda
Hi! I, my sister & parents migrated in Australia and my parents wanted to buy a home but instead spent 100k each for me and my sister to get a loan. My sister needs the mortgage while I bought my home outright as I have the money. So for my sister’s home, it is under my dad’s name and my sister’s name. My home is under my name and my mom. We do this because my parents was thinking of buying their own home but instead help us start since they don’t wanna live in Australia as much as we do.
I wanted to get clarification that if ever after 50yrs, they get deceased, would that mean my house will be mine or will my sister be part owner of house too? And vice versa.
What should we do for both property of me and my sister?
Hi Yzs,
Thank you for your enquiry.
You have come through to finder.com.au, a financial comparison site, we are not able to offer you advice on your specific financial needs. You may want to contact a financial advisor or your trusted solicitor in order to discuss your specific situation.
Regards
Jodie