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 am living in a de-facto relationship on a property my de-facto purchased prior to commencing our relationship. We want to do a large renovation to the house and he needs my savings to do this and the bank has said my name needs to go on the mortgage. He rents out a portion of the property and has 2 separate loans which he claims a tax deduction on so does not want my name on these loans, but wishes to create a new loan. He is okay to have my name added to the deeds (I understand this needs approval from the lender?). In the event of a relationship breakdown or death of either party, I am wondering where each of us stand legally. (I have 3 children from a previous relationship to consider).
Hi Louise,
thanks for the question.
You may wish to contact a legal representative for further information regarding this matter.
Sorry I couldn’t be of more help,
Marc.
Hi, I had put a deposit down and signed all the paper work for a new off the plan apartment.
During building (still in process) I had prosed to my girl friend. I am still yet to settle on the apartment (due in about 2 months thou) can I 1, have my fiancé added to the title once married without paying stamp duty?
My lender said they don’t need to have her added to the mortgage for this. but of course we don’t want to pay stamp duty etc again. thanks
Hi Jason,
Thanks for your comment.
Stamp duty is generally not payable when sharing titles on the property.
Cheers,
Shirley
Hi
Myself and my partner have just bought a property in Nsw.
We applied for the loan in both our names as he earns the higher wage,the bank have approved the loan.
My partner is a Director of a company and to be honest the company is not travelling well,meaning the company may be calling in the Administrator as soon as next week.
We have decided to put the title of the property in my name only,bank loan in both.
Do you see any recourse if his company goes under as they owe lots of money to the ato and creditors,we are worried that the house will be taken from us,or is this not the case as the property title is only in my name.
So confused please give me your thoughts
Lou
Hi Lou,
thanks for the question.
This question is best suited to a financial or legal professional. They’ll be able to explain the ins and outs of this method and any potential obstacles you might face.
Cheers,
Marc.
If a property is owned as Joint Tenants can one of the owners add another person to the title?
Hello Rhonda,
thanks for the question.
Generally speaking this will require agreement from both tenants, and could change the agreement to a tenants in common agreement.
I hope this helps,
Marc.
Hi,
I want to add my partner to the title, but she has a bad credit rating, will this be a problem with the bank?
Hello Mario,
thanks for the question.
Adding another title to your mortgage may involve your bank requesting a new application and will include assessing both of your credit files, so this might be an issue depending on the nature of the bad credit and the bank in question. I’d recommend discussing this with your lender directly.
I hope this helps,
Marc.