Adding your partner’s name to your house title
When adding a name to a property title or transferring house title to your spouse, there are a few steps, costs and forms involved.
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.
Government websites and forms
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:
- Mortgage documents. If you have a mortgage, your lender will need to provide documents you need before adding your partner's name to the title.
- Property title. You will need the original property title or certificate.
- Transfer form. This is the government paperwork you will need to complete. There will also be a fee. Fees and forms differ by state.
State and territory forms
Contact your lender before changing the title
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.
- Married couples. Both involved have rights to the property, so each individual would have a claim on it regardless of whose names appear on the deeds.
- Adding a long term partner. By adding a partner onto the mortgage, you will both get fair rights if the property is sold. If you initially purchased the property, it's wise to protect your investment under a ‘tenants in common’ arrangement. Speaking to a solicitor will help this process run smoothly.
What type of ownership agreement should I get?
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.
- Joint tenants. Both parties will own the property in equal shares and if one of the owners die then their share will automatically pass onto the other owner (even if you have a will). This type of agreement is most popular among married and long term de facto couples.
- Tenants in common. Both parties can choose to own the property, either in equal shares or unequally. For example, 1 party would own a third and the other owns two-thirds. If 1 of the owners die then their will decides who gets the ownership share. This agreement is popular with owners who don’t want their share to go to other owners, such as friends or business partners.
Example: Adding a long term partner to your property
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.
Will I have to pay stamp duty?
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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Ask a question
Hi!
My parents are getting on in years, and own their home with no mortgage. They are wanting to put me onto the title of the property, to avoid any issues with Will challenges with and an estranged son.
They are currently both on the title, and are wanting to add me to it so we own it in 3 shares. My question is regarding stamp duty payable. They will ‘gift’ me the share in the property, but I am assuming that stamp duty will be payable on my share. If so, how is this calculated? Is it based on the entire value of the property, or is it based on what my third share would be worth after the valuation? For example, is the property is valued at $750,000, and I get added as one of 3 people on the title, what would my stamp duty payable be based on.
Thank you for your time.
Hi Ryan,
You will likely need to pay stamp duty based on the current value of the property. If you are being gifted a portion of the property, you will likely be charged a corresponding portion of the full stamp duty. But it’s worth consulting a conveyancer and checking with your local state revenue office.
Kind regards,
Richard
my son owns a quarter of my house as he built an extension for himself & one for me. His name is not on the deeds ,bit I have left the quarter of the house to him in my will.
He has since married 15yrs , & now is worried about how his wife will get his share if he dies suddenly . I have been advised by a solicitor not to put his name on the deeds, that the will is sufficient . However if he dies suddenly where does that leave his wife , does his name on the will automatically mean that she will get his share if he dies suddenly
Hi Estelle,
This is a tricky one. We can’t provide any specific legal advice for you here. I’d suggest possibly getting a second opinion from another solicitor if you’re not satisfied with the answers you’re getting.
I hope this helps.
Kind regards,
Richard
Hi After divorce settlement, my partner is getting the house in NSW which is a Investment property and has a mortgage on it. His ex-wife is in process of transferring the property to him. Both my partner and I are going to refinance the house together. Since we both are taking over, can he add me as his spouse on the title and is there any stamp duty, CGT, others fees or any tax.
Hi Vendy,
Adding a name to the property time will incur stamp duty. Exemptions may apply but you need to meet a number of conditions to qualify. Also, this exemption only applies to the principal place of residence.
You can refer to the article above on how to add a partner’s name to the house title. You can also check our guide on stamp duty exemptions per state or territory as a reference.
If the ex-wife owned the property and is transferring ownership to your partner, she may have to pay CGT.
I suggest talking to a conveyancer for expert help, as we can only provide very general information here.
I hope this helps!
Regards,
Richard
Hi I want to transfer a house to my son that i own It is an investment property I bought in 1985 how much do I have to pay in fees
Hello Paul,
If you bought the property before 20 September 1985 then you may be exempt from CGT. If you bought it after that date you will have to pay CGT.
You can determine your CGT costs using this guide.
Regards,
Richard
My in-laws have suggested a proposal.. that if I give them half the value of the property. That they will add me to the tile. However they are concerned about the implications of stamp duty and capital gains tax in Victoria. How much tax would we be liable for?
Hi Jo,
You pay capital gains tax when transferring ownership of a property that isn’t your principal place of residence. So if the property is an investment property then CGT may apply.
Stamp duty also applies when adding someone to a property title, unless they are a partner. So this may apply too.
I suggest talking to a conveyancer, who can help you explain the costs and obligations involved.
I hope this helps!
Regards,
Richard