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 own the apartment that my daughter and I live in. I want to transfer the apartment to my daughter but want to know what fees will be involved. I’m a senior citizen but am still working casual part time.
Thank you
Hi Naz,
Thanks for your enquiry.
You can read our guide about how to minimise fees when transferring or gifting a property within the family.
As you can see, there are a number of fees involved when changing the ownership of property such as capital gains tax (CGT), stamp duty and any valuation or legal charges required to complete the process. However, as you are transferring the ownership to your daughter, you may be exempt from paying CGT if the property is classified as your main place of residence.
Your best course of action would be to contact your state government department to see if you are eligible for any exemptions from CGT and stamp duty.
Any valuation or legal charges will depend on the fee structure of the provider and the value of the property.
You should also consider speaking to a conveyancer or solicitor. They can help you with issues related to ownership and property law.
Thanks,
Belinda
Hi, we have no mortgage on our property but the deeds are in my husbands name, we would like my name added to the deeds, is this a straight forward procedure just incurring a legal cost or will there be tax complications e.g. inheritance tax ?
Hi Linda,
Thank you for your inquiry.
Generally speaking, as there is no need for changes to the mortgage, it is unlikely there would be too many tax implications for changing the details of the title deed. You can read more on our guide to changing property ownership. I would recommend confirming the exact costs with your local state agency that handles land titles as well as a conveyancer. They can help you with issues related to ownership and property law.
I hope that this assists you.
Regards
Jodie
To whom it may concern,
I’ve signed a contract with my friend together to rent a house for a year which ends on 1Apr 2016 in Perth. My friend is now moving out, what standard procedures do I need to do?
Do I need to resign a new contract? or do I need to pay a certain fee or a fee for removing my friend’s name.
My friend by pass me and decided on his own to rent his room to another person. He notified me an hour before the person come over to inspect the house. And he was about to collect the bond from the person who plan to move in within 2 days after his visit to my place.
If my friend really wish to rent his room to another person, how many days of notification he should have given me? My friend believe he has full rights to make the decision even if I disagree to let the person move in. Do I have the right to say no? As both of us signed the contract together. I have to bear the rent once he moved out, he made a verbal agreement that he will pay the rent until he find a replacement, will that still work once his name is removed from the contract and I still haven’t find a replacement?
Cheers
Janus
Hi Janus,
Thanks for the question.
A fixed-term tenancy can be ended before the expiry date when a mutual written agreement has been reached with the landlord or property manager.
Page 21 of the Tenant’s Guide to Renting in Western Australia explains the standard procedure for leaving an agreement, which includes approaching the landlord or property manager to negotiate the terms of the early termination. This can sometimes require that the tenant leaving early remains liable for the tenancy until a new tenant is able to commence the tenancy. Reimbursement can also sometimes apply if the landlord will incur losses from the early termination.
I hope this helps,
Marc.
Hi
My brother and i inherited property from our mother circumstance requires that we add my wife on deed. This for will be for third person on loan or guarantor on loan. If guarantor will only be until I can service the loan.
Can you advise what i will be looking at
David
Hi David,
thanks for the question.
Please contact the office of state revenue for your state to get an accurate quote for the costs involved in this type of transfer.
Regards,
Marc.
I owned land (freehold) my partner and I built a house between us on land. Title is in my name . What is involved and cost to put into joint names
Hi Ken,
thanks for the question.
You should contact your lender first, and then contact your Office of State Revenue with your plan to change the title. The cost of the transfer will change depending on the state your property is in, so when calling the Office of State Revenue they will be able to give you an accurate quote.
Regards,
Marc.