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 was approved by my bank to add my spouse in my warranty deed. He also added in the note. I just received the liability approval. I need to record the deed with Dallas county, but don’t know what form I need to fill out or if I need to go to the title company to get help.
Or do I need now to download the warranty deed form, fill it out and the go and notarized, then go to Dallas county clerk for recording?
Hi Ana,
I’ve sent you an email to follow up with this enquiry.
Thanks,
Belinda
My wife and I are looking at putting our daughter on to our property title we still have a mortgage on this property what is involved or the best way to facilitate this
Hi Patrick,
Thanks for reaching out.
To add someone’s name to the property title, you generally need to fill out and submit a transfer of title form which can be accessed from your state office of revenue.
We have a guide on how to change property ownership, but it’s a good idea to speak to your state office of revenue and your lender regarding the paperwork required for this transfer.
You can also learn about how to minimize fees when transferring property ownership within the family, and you can fill out the form to speak with a property tax specialist.
I hope it helps.
All the best,
Belinda
I would like to add my name to my husband’s home title the house is free hold and we are retired pensioners could you tell me the cost and where i can get the forms thank you.
Regards
Veronica
Hi Veronica,
Thanks for the question.
The forms and cost will depend on what state the transfer is occurring in. You can find this guide for the list of the state government departments for property title, I recommend clicking through to your relevant state government.
I hope this helps,
Marc
Hi can you help me how much is it to put a name on the title deeds there is no mortgage or anything it was payed in full cash payment thank you
Hi there,
Thanks for reaching out.
If you would like to add your name to the title deed, your best course of action will be to contact your state office of revenue to get an accurate quote for the transfer.
You may refer to our guide on how to lower costs when transferring property.
Depending on the type of transfer and the value of the property, you may need to pay capital gains tax (CGT), stamp duty as well as legal and conveyancing charges. You should consider speaking to a conveyancer or solicitor. They can help you with issues related to ownership and property law.
I hope this helps.
Regards,
Belinda
Hi,
Under a will, a property (strata unit) was left to two beneficiaries who could not decide what to do with the property. As a result, the solicitor handling the will transferred the property into the name of the Executor who was also one of the beneficiaries.
After 5 years, they now wish to transfer the property into the names of both beneficiaries (preferably ‘joint tenants’).
What actions are required, and are there any charges involved (Stamp Duty, CGT etc)?
Thank you,
Chris
Hi Chris,
Thanks for the question.
The process to transfer the property will depend on the state, but will generally involve you contacting the relevant government department which handles this. In NSW it’s Land & Property Information. You can find the list of relevant departments and forms from our guide in removing names from a property title. In terms of CGT, in some cases, it can be disregarded depending on the situation. If it’s not disregarded, the beneficiary is usually taken to have acquired the property when the person died. Please refer to ATO’s deceased estates and capital gains tax guide for more details.
It’s highly recommended that for these types of issues legal and tax specialists are consulted.
I hope this helps,
Marc.