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.
Dear Sir or Madam. I live with my partner of 15 years in an apartment held in my name only with clear title. How do I include her in the title and is there any stamp duty to pay ? Thank you.
Hi Colin.
You can add your partner’s name to your property title by following two simple steps:
Step 1: Contact your lender
You must inform your lender in the first instance. Your lender will assess the financial situation of both parties before they give you consent to add your partner’s name. If granted, your lender will tell you what documents you need to submit to complete the process.
Step 2: Add your partner to your property title
This can be done by filling out the necessary government forms and submitting them to your state government. Click on the specific state links in the article above to get access to the forms you need. In general, you’ll need to fill in the following:
1. Transfer form. This can be obtained from your state government’s website (details above). The form and associated fees differ by state.
2. Certificate of title. You will need the original property title or certificate from the lender.
3. Mortgage documents. If you have a mortgage, check with your lender so they can provide any relevant documents that may be required to add your partner’s name to your property title.
For married, de facto, and same-sex couples, stamp duty may not be applicable when adding your partner to your property title. There are a number of conditions you need to meet to qualify for this exemption, and these can change from state to state, so make sure you request a form from your state office of revenue or your state government website.
Remember, it is always worth seeking professional legal advice before changing a property title to get specific advice regarding your situation.
Hope this helps!
Cheers,
Sarah
We are refinancing our Home loan which we opened before we were married, now the bank is saying “Could you please arrange an Application for Change of Name from a solicitor, conveyancer or the relevant State Title Authority and return to us ” . Can’t I just supply a married certificate as proof ?
Cheers
Hi Greg,
Thanks for your comment and I hope you are doing well. As the bank requires the document called Application for Change of Name, this means you’d need to furnish this document for Refinance Home Loan. Given that you don’t have that document at hand, you must ask the financier if they will allow a marriage certificate.
Hope this clarifies and feel free to reach back out for further assistance.
Best,
Nikki
Hope
My wife purchased an investment property 20 years ago, we have now completed a knockdown/rebuild on this property. We are now using it as our principal place of residence. Previous marital home in joint names will be sold. Will we be liable for stamp duty, fees etc if the property is transferred into joint names?
Hi Ian,
Thank you for getting in touch with finder.
In some cases, stamp duty is not payable when a partner is added to a property title. The property you live in is usually exempted on stamp duty. Stamp duty exemptions vary in every state. It is best to verify this matter from your state’s revenue office.
I hope this helps.
Please feel free to reach out to us if you have any other enquiries.
Thank you and have a wonderful day!
Cheers,
Jeni
My husband buy a house in his own name after we married. This house is in mortgage in his own name. If I want to add my name to this property, how can I do that? Any stamp duty we need to pay? Our house is in queensland.
Hi Clare,
Thanks for getting in touch!
Generally, both involved in the property have rights to the property, so each individual would have a claim on the property regardless of whose names appear on the deeds.
Every case is different when it comes to adding a partner to your property, so the Department of Land and Property Information recommends that everyone seeks legal and professional advice through the process.
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 realise this exemption, you’ll need to fill out an exemption form, which is available from your state office of revenue.
There are a number of conditions which must be met before this exemption is able to be realised, and these can change from state to state. Always check with your lender before carrying out any transfer of title or mortgage.
Hope this clarifies.
Cheers,
Nikki
I want to add my husband to my mobile home Deed on registration whatever you want to call it but I need to know what I need to do and how much it will cost me.
Hi MicheleMi,
Thank you for your comment.
To add your husband to your property title, you’ll need to fill in the necessary forms and apply with your state government. Please note that the process, including the costs and fees, may differ in each Australian state and territory.
Generally, you’ll have to fill in the following:
– Transfer form: You can obtain the transfer form from your state government website. You’ll have to record your name as both transferor and transferee and add your partner’s name as transferee.
– Certificate of title: The original certificate of title may be held by you or your lender. You’ll be required to provide this document.
– Mortgage documents: If you already have a mortgage, you must first seek advice from your lender. This way, they can provide any relevant mortgage documents that may be required to add in your partner’s name to your property title.
You are well advised to kindly seek advice from a conveyancer who can help you with the whole process and the fees involved.
Regards,
Jhezelyn