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.
I have a investment property in NSW and wish to transfer it into my sons name. What would be the best way to do this. And would there be any Stamp duty requirements. Or we I just transfer title.
Hi Miles,
Thanks for the question.
When transferring property to friends or family, there may be capital gains tax which is payable. You can read our guide on how to minimise or avoid fees when transferring or gifting property to a family member.
I would recommend contacting the ATO, in addition to an accountant, to find the best way to transfer a property to your son’s name for your personal situation.
I hope this helps,
Marc
Hi
We originally bought a house in NSW under myself, my wife and my brother names for an investment ~ 15 years ago. We ended up only using it as the matrimonial home (ie brother never lived in it). We are now looking at doing a knock down/rebuild and want to remove my brother from the title during the refinance. Do we have to pay stamp duty on his percentage ?
Thanks
Hi Darren,
Thanks for your question.
You may be exempt from stamp duty with reasoning that it’s your matrimonial home. I’d highly recommend that you speak to a solicitor to talk about your option.
They can help you claim and complete the right paperwork to apply for this exemption.
Cheers,
Shirley
I owned my house outright on paper…partner moved in…house needed major repairs…so we got a mortgage in both names. Changed banks after a year.
Few years later we relocated & rent now and turned our PPoR into an investment property, and quickly finished the renovations and spent $12,000 getting them done and property ready for tenants.
Fast forward 6 months to tax time last year…looking forward to getting the $ back, only to be told that because hubby not on title, he can’t claim. Neither can I apparently due to having no taxable income that year (stay at home mum). Can he still claim or were we told the wrong thing?
Even on depreciation? as I see some things are “capital” in nature & won’t be able to claim.
I asked my bank about putting him on title…as they hold it…4 months later they tell me to go see a conveyancer!!!
Hi Moo,
Thanks for your question.
Unfortunately if your husband’s name wasn’t on the title of the investment property then its not possible for him to claim any deductions on it. A property title, from a legal point of view, establishes who owns the property.
Typically the process of adding someone to the property title is a lot easier if you use a conveyancer. You can add your husband’s name on the title now, but it would be best to speak to a tax specialist regarding the implications and to see if it’s worth it at this point in time.
Hope this helps,
Shirley
I won a house in a lottery. The ticket was in my name and so is the house. Now I want to add my wife’s name to the title. The house will be our home in Victoria.
What would be the costs and ease of adding her name?
Thank you.
Hi Paul,
Thanks for your question.
When adding someone to your property title it’s highly recommended that you use the services of a solicitor. This will make the process fairly straightforward. The fees would depend on the solicitor fees plus and government fees and charges – this tends to run into the thousands.
Cheers,
Shirley
Hi,
Is it possible to put my spouse’s name on the title without making her a mortgagor? I want to share the equity of the house with her.
Kindly advise.
Regards,
Mahmoud
Hi Mahmoud,
Thanks for your question.
It’s possible to put your spouse’s name on the title without making her a mortgagor. You can do this with the services of your trusted solicitor. If you would like to do this without a solicitor please contact your local Government office that handles land titles.
Cheers,
Shirley