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 want to put my son’s name onto our title deeds. Reason being is that we don’t wish our other child to have inheritance rights over the property when we die. Would our inheritor have to pay any tax or otherwise in being the new owner after our deaths?
Hi Curious,
Thanks for your question.
There could be tax implications if this property is to be your son’s investment property. Main residences are generally exempt from Capital Gains Tax.
For more information, please speak to your trusted accountant or solicitor.
Cheers,
Shirley
My sister put my name on her house deed only if I come live with her, which I did. Now she says we can’t get along and wants my name off. I paid half of the bills and taxes for 11 yrs. She is 79 and I’m 72 can she do it without me signing?
Hi Betty,
thanks for the question.
I’d recommend calling the land and title office for your state to find out more information about this and how you might be able to deal with this matter.
Cheers,
Marc.
hi , my house was in both names, my partner signed it over to me, it passed through court, to be in my name only, and was accepted, my partner passed away before and the title got signed , so the house is mine right ,?
Hi Debbie,
thanks for the question.
I’d contact the land and property authority in your state to find out the status of your property title.
Sorry I couldn’t be of more help,
Marc.
My de facto partner and I purchased a property about 2 years ago, and only discovered when re-financing to purchase another property, that the title to the 1st property was only in my name. The re-finance (mortgage) of both properties is in both our names, however the first property is now a rental and my partner would like his name added to the title. In the event of my death, would ownership of this rental property pass to him if his name is on the mortgage document only ? He has been paying 1/2 the mortgage since day 1.
If not, what costs are associated with having his name added to the title of this property.
Hi Remys Mum,
thanks for the question.
This is best suited to the office of state revenue for your state, or alternatively a trusted accountant or financial advisor.
I hope this helps,
Marc.
hi i would like to known if i had to pay stamp duty if i were to add my name on the flat that we are living in.
Hi Manel,
thanks for the question.
In some cases this will not come with a stamp duty charge, as matrimonial homes are exempt from stamp duty in some cases. I’d recommend contacting your relevant state revenue office for more information.
I hope this helps,
Marc.