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
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
I would like to add my wife to a property, what forms and where can I find it?
Hi Deborah,
Thanks for reaching out.
If you’d like to add your wife’s name to the property title, you’ll need to access and complete a transfer of title form which can be accessed from your state government website. For instance, in NSW, you can access it from the Land and Property Information (LPI) website whereas in VIC, you can access it from the Department of Environment, Land, Water and Planning (DTPLI) website.
You will also need to access your certificate of title and mortgage documents which will be held by your existing lender. Your lender will provide you with any other relevant documentation that needs to be submitted.
All the best,
Belinda
Hi, My partner of twenty years still won’t put my name on our house. It is debt free, ie no mortgage. I have always been a much lower income earner but have contributed all I earn to the family.
We have opened this house for 14 years. The deposit paid for by the sale of his previous house. Our home is worth exactly 5 times the value of that house.
He claims the reason is to avoid CGT. Is that correct?
Hi Mary,
thanks for the question.
Unfortunately as we’re not tax experts we’re unable to comment on or give advice regarding tax minimisation strategies. You may wish to consult an accountant about this to see what benefit this strategy has for your situation.
Sorry I couldn’t be of more help,
Marc.