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,
I bought a house prior to getting married and the house is rented out.
I would like to put my husbands name on the deeds for taxation purposes as he is supporting the family and I no longer work. How do I go about this and what is the cost?
Thanks
Marie
Hi Marie,
thanks for the question.
You’ll need to fill out a transfer form which you can obtain from the Land and Property Information service in your state, and you’ll also need to speak to your lender, as they’ll have your certificate of title and other mortgage documents. It might be a good idea to contact your lender first.
In terms of costs, stamp duty can be applicable but is usually exempt when transferring between married or de facto partners. There might also be a fee for the transfer which could range between $100 and $200.
I hope this helps,
Marc.
My partner and I would like to add my name onto the deeds of your home which we are paying off. We live in Queensland. Where can we do this and how many will this cost us?
Hi Jane,
thanks for the question.
I’d recommend contacting the lender which currently has a mortgage over the property to initiate this process. They’ll be able to advise of the process and inform you of what forms you’ll need to fill.
I hope this helps,
Marc.
If a partner is added to a title deed, does one have to pay stamp duty on his/her share that is given to the partner?
Hi Gary,
thanks for the question.
Stamp duty exemptions are usually applicable on transfers of the matrimonial home. For more information please contact your office of state revenue.
I hope this helps,
Marc.
Hi
Can I use a quit Claim Deed in Qld to remove my Mother from my Mortgage Title. The bank in 2010 made us Tenants in Common instead of her income just being used to service the debt on paper. Mum doesn’t live here or has never serviced the debt and doesn’t want her name on the title.
Hi Karyn,
Thanks for your question.
This is possible if both parties agree to the Quitclaim Deed being signed.
Your lender will be able to assist you with the process and advise on the legal services.
Cheers,
Shirley
My daughter bought a property and we share the downpayment but the loan and ownership is under her as first time home buyer. We entered into contract last July 2013 and settled only last April 2013 where my daughter received the benefits as first time home buyer. We want to add my name on the ownership but I will pay in cash to pay half of the loan. Do I need to inform the bank re change of ownership or will I process the change of ownership from Registry of Deeds first?
Hi Lope,
Thanks for your question.
Please speak to your lender first to inform them of the change. They may be able to facilitate the change of ownership as well, to save you some of the effort.
Cheers,
Shirley