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
Form for adding a name to a title in Victoria
Hello Camille!
You can visit the Department of Environment, Land, Water, and Planning (DELWP) to locate the forms you might need.
Hope this helps.
Cheers,
Jonathan
My uncle recently purchased a home and has since found out he is terminal. He wished me to have the property after he is gone. He is single and he does have two children who he never sees. It is a duplex and I can live in one and rent the other one out. I cannot be approved for a home loan at this time, but I can pay the note. It is an VA home loan. Is there anything I can do to keep this property. Thanks
My uncle recently purchased a home and has since found out he is terminal. He wished me to have the property after he is gone. He is single and he does have two children who he never sees. It is a duplex and I can live in one and rent the other one out. I cannot be approved for a home loan at this time, but I can pay the note. It is an VA home loan. Is there anything I can do to keep this property. Thanks
Hello Lisa,
Thank you for contacting finder.com.au. Please note that we are a financial comparison website and general information service designed to help consumers make better decisions. Please note that we are not mortgage specialists so we can only offer a general advice.
Sorry to hear about your uncle’s condition. Since the property of your uncle is still on a mortgage, he has to get in touch with his lender first to get consent before he can remove his name (and add your name) in the property deed. After he’s got his lender’s consent, that’s the time that he can start the process of transferring the property to other names (or in your name). Please note that since it’s still on mortgage, the lender would usually conduct an assessment of the new owner’s (you) overall financial situation and see if they can service the home loan. In this case, you’d need to get in touch with a mortgage broker – https://www.finder.com.au/mortgage-brokers who can help you with your borrowing options.
Further to the process of transferring the property, basically, this differs slightly in each Australian state and territory. The general process is actually outlined here – https://www.finder.com.au/how-to-remove-someones-name-from-a-property-title. Though removing/adding names to the property deed can be actioned by yourself, you’d still be best to seek advice from a conveyancer who can walk you through the whole process and the fees involved.
I hope this information has helped you in any way.
Regards,
Jhezelyn
My wife passed away several years ago and now i am re married how do i go about putting my new wife on the deed for the house and remove my old wife’s name Thank YOU
Hi Scott,
Thanks for your question.
You may want to check our changing property ownership guide if you are changing the details of your property deed.
Kindly note that each state and county have different processes and fees relating to changing the property deed. It would be best to reach out to the local government agency that handles property titles and deeds to discuss the process and fees in relation to making this change.
Cheers,
Anndy
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