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 purchased a house and soon after I got married. What type of deed do I need to add her to house?
Hi Victor,
Thank you for your inquiry.
Once you get married, 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.
I hope this information has helped.
Cheers,
Harold
how to remove someone’s name off a house title that is not on not on my deed or my loan?
Hi Fanniemay,
Thank you for your question and for contacting finder.com.au – we are a financial comparison website and general information service we are not mortgage specialists so can only offer general advice.
Removing a name from a title differs slightly in each Australian state and territory, so it’d be best to visit your local state government that handles property title transfers. Although basically, the transfer process is quite similar throughout Australia, to start with, you’ll need to fill out a relevant transfer form that can be obtained from your state government department’s website.
Please see the list of states on our guide on how to remove a person’s name from a property title. You should then learn more about how to do it according to which state you belong to.
Furthermore, if the property is under a mortgage, you’ll also need to speak to the lender about the name change on the deed for proper documentation. You can also seek advice from a conveyancer or solicitor to be guided with the correct process and the fees that may be involved.
Cheers,
May
what should i call the name of a person whom am joining in my property in an agreement between the me (the owner) and him/her (the one i want to join)
Hi Sammy,
Thank you for your question and for contacting finder.com.au we are a financial comparison website and general information service we are not mortgage specialists so can only offer general advice.
There are four types of a property ownership structure, which describe the way the property is owned. You may refer to the types of ownership structure below:
1. Outright ownership – In this structure you are the sole owner. Your name alone is on the deed and are responsible for the property.
2. Joint ownership – Here you own the property equally with someone else. This shouldn’t be confused with “owners/tenants in common” where owners can have a different size share in the property.
3. Trust ownership – This is where the property is owned and managed by a trust or another figure. A trust is an entity which holds assets in trust on behalf of its beneficiaries. There are a number of trust types around, although the most commonly seen are family trusts. These are useful for when a property is being left to younger family members.
4. Company ownership – You can also own property through a company.
In your case, you may fall under the ‘joint ownership’ structure.
Cheers,
May
My son and his partner have been together for over 10years and now we have a lovely grandson!(18months).They have just purchased at auction their first house.The largest part of the deposit by far is being provided by my son’s partners parents, as my son is the minor bread-winner in their relationship,and will not be contributing financially as much as his partner until he graduates.
My question is what sort of title arrangement and in what proportions should they be on the contracts and title deed?
Hi Don,
Thanks for reaching out.
You can find out more information from our step-by-step guide to changing property ownership which includes joint ownership where both partners have an equal share in the property and “tenants in common” where owners can have a different size share in the property.
Your best course of action would be to speak to a conveyancer regarding the implications of different types of ownership structures.
Kind regards,
Belinda
My daughter has become a single mother and I’d like to put her name with mine as owner of my home in South Australia. How do I do this and what charges would there be.
Hi Karen,
Thanks for getting in touch.
If you would like to add your daughter’s name to your property title, you will need to complete a transfer of title form which you can access from the South Australian Land Services website. You may also need to locate your duplicate certificate of title (which is likely to be held by your current lender if the property is mortgaged). You will then need to lodge the required documents with Land Services and Land Titles Office.
It is advised that you get a conveyancer to assist you with this process.
You can read our guide about the process and costs of changing property ownership, but generally you’ll need to pay stamp duty (which is calculated at 3-5.5% of land value), capital gains tax (which is normally around 25% of the capital gain) as well as legal and valuation fees.
However, you might be interested to learn more about how you can minimise fees when transferring property within the family.
Thanks,
Belinda