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.
Need a home loan? Start comparing your options
More resources on Finder
More guides on Finder
-
Is title insurance a waste of money?
Title insurance is a minor cost, but it could be a major protection for your property purchase.
-
How to remove someone’s name from a property title
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 property title ownership: How to transfer a house title
Transfer of ownership of property is relatively straightforward, but there are a few steps involved. Here’s what you need to know.
Ask a question
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
I will be moving in with my fiancée at the end of the year. He owns his home and has no mortgage. I have agreed to buy into his property and the arrangement will be 50/50. In order for me to pay my half share and get the property deed into joint names, what is the process and are there any other fees I will need to pay?
Hello Tracey,
Thank you for your inquiry today.
The process and fees would vary depending on your local state revenue requirements. Please click the applicable state government website above for more information. Once you have selected the government website, please search for forms and/or fees guide. You may also contact a conveyancer or the local property office for further advice.
Hope this helps.
Cheers,
Jonathan
I sold one property which was in my name only and purchase one new property in my wife name, now I want to add my name into the property as co-owner for income tax purpose, or want to do back dated Gift Deed , can I do it ?
What is the procedure ?
Hi Joshi,
Thanks for contacting finder. Please note though we are not property experts, we’re more than happy to offer you a general advice.
Yes, it is possible to add your name to your new property. Just to confirm though if this property is under mortgage? If so, best that you consult first with your lender. If they would allow you to add your name, you can start the process by filling out the relevant transfer form which can be obtained from the Land and Property Information website. Typically, the process and fees involved vary from state to state so best that you visit your local government website. Please click on the name of your state (listed above) to be redirected to the official site.
Cheers,
May