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How to remove someone’s name from a property title
After a divorce, split or change of circumstances, you may need to remove someone’s name from a property title. You can hire a conveyancer or do it yourself.
The easiest way to remove someone's name from a property title is to hire a conveyancer. But you can do it yourself by completing the appropriate transfer form from your state or territory government's website.
You also need to pay stamp duty, but there are exemptions for marriage or de facto relationship breakdowns.
Removing a name from a property title means you need to refinance any mortgage on the property.
How to remove someone's name from a property title
A property title is an important legal document that lists the registered owners of a property. You may need to remove someone from a title because of a change in ownership, relationship breakdown or even a death.
While it's possible to do it yourself, property title changes can be a complicated process and you may be better off seeking qualified legal advice.
The simplified steps to removing someone's name from a property title are:
(Optional) Hire a licensed conveyancer or solicitor. You can pay a qualified conveyancer to handle the paperwork for you. You'll still need to complete the transfer form and pay the government fee, plus the conveyancer's fee.
Fill out a transfer of title form yourself. You can skip the expert help and do it yourself. You'll need to find and complete the appropriate form and lodge it with the appropriate office for your state or territory government. You'll need the property's Torrens Title, the names of the transferor and transferee and the "consideration amount" (the money paid to the transferee) and the "share transferred" (for example, if one half of the property has been transferred from the transferee to you, the transferor).
Submit the transfer of title form. You'll need to submit the completed and signed form to the lands department or state revenue office in your state or territory. You may also be required to submit supporting evidence, for example a death certificate.
Pay the fee and wait for the form to be processed. Pay the necessary fee to have the transfer of title form processed. Fees and processing times vary between states and territories.
The steps outlined above are a simplified overview of the process. Your specific situation may be more complicated depending on where you live, the nature of your relationship to the other person (or people) on the property title and whether or not there's a mortgage on the property.
When completing forms you may also need to verify your identity or have the forms witnessed.
What if there's a mortgage on the property?
If there's a mortgage on the property title (that is, you're still paying off a home loan), removing someone from the title gets more complicated.
In the lender's eyes you're both on the hook for the money you borrowed together. You will need to refinance the home loan. This means discharging the old mortgage and applying for a new one in your name only.
Your lender will need to assess your income, debts, assets and spending, and have the property valued again so it can determine that you can afford to repay any outstanding debt yourself.
Do I have to pay stamp duty when removing someone's name from a property title?
Short answer:
If you are (or were) married or in a de facto relationship: Probably not.
In other circumstances: Yes, you generally have to pay stamp duty when removing someone from a property title.
You can remove your ex-partner's name from the title and avoid stamp duty
If you're removing a partner's name (spouse or de facto) because of a relationship breakdown then you may be exempt from paying stamp duty.
You should get legal advice here, but in general there are 2 ways to avoid stamp duty in this situation:
Obtain a consent order. You can apply to the Family Court for a consent order related to how your finances and property will be handled.
Enter into a Financial Agreement.A Financial Agreement is a contract between 2 (or more) parties that covers financial arrangements between the parties, including property and other assets. You will both need legal advice to draw up this agreement.
In either case, you should seek independent legal advice. You can also call the Family Relationship Advice Line on 1800 050 321.
Note: In Victoria, spouses and de facto partners can avoid stamp duty while transferring property between themselves only if the property has been their primary residence (their home) for the last 12 months. If not, stamp duty applies.
Situations where you will have to pay stamp duty
In other cases, removing someone's name from a property title means the remaining person on the title takes full ownership of the property. And they'll have to pay stamp duty.
This is calculated on the amount of the property you're taking ownership of, based on the current market value.
Here's a quick example:
You own 50% of a house and your sister owns the other 50%.
You bought the property for $500,000 several years ago. You each paid $250,000.
Your sister agrees to sell her portion of the house to you. You remove her from the title.
You have to pay stamp duty on the 50% share you've acquired.
Because the property is now worth $600,000 you'll pay stamp duty on $300,000 (50% of the current value) regardless of how much you paid your sister.
You're liable for stamp duty even if you're gifted a share of the property and no money changes hands.
Removing someone from a property title by state and territory
If you want to remove someone's name from a property title yourself you can visit the following website depending on where you live:
If you find the information is hard to find or too confusing you can contact the relevant government office with a question. Or you can contact a conveyancer who practices in your state or territory.
How much does it cost to remove someone's name from a property title?
The costs vary widely depending on your specific circumstances but in general these are some of the costs you'll have to pay:
Lodgement fee. This is the fee charged by the government for processing the change in title. The cost varies but costs around $150 in several states.
Conveyancer fee. If you go with a conveyancer they'll charge you for their services, plus the lodgement fee and other costs. Ask how much it will cost upfront and compare a few conveyancers first.
Mortgage discharge and registration fees. If you have a mortgage you may need to discharge the old loan and register the new mortgage when you refinance.
Do I have to remove my ex-partner's name from the property title in a divorce?
You don't have to remove anyone's name from a title just because you're getting divorced. It's a good idea to seek independent legal advice first, but you have multiple options.
Keep both names on the title and mortgage. You could agree to keep paying off the mortgage and keep both of you on the title. This is convenient and could work if you're both able to agree on your future financial plans. It's a good idea to draw up some kind of contract with a solicitor just to be safe.
Remove one person from the title and refinance the mortgage. This is the process outlined in this article. You may decide that one person will buy out the other or you may not.
Keep the property as an investment. You could both decide to live separately in new properties and convert your former property into an investment property. You'll still need to refinance the mortgage to an investment loan.
Frequently asked questions about removing someone’s name from a property title
No, this is not possible.
No, only one partner’s name can remain on the mortgage if they are removed from the title.
If you sell a property that isn't your principal place of residence, such as an investment property, you have to pay Capital Gains Tax.
As with stamp duty, spouses or de facto partners may be able to avoid CGT on an investment property if one buys out the other, but this depends on where you live.
Let's say two brothers jointly owned an investment property with a 50:50 split. One brother buys out the other. The buyer now owns the whole property and has to pay stamp duty on the newly acquired 50% portion.
The brother who is selling has to pay CGT on the portion they've sold. Because they owned the property for more than 12 months there is a 50% discount on the CGT.
You can transfer a property title between family members and it is treated like any other transaction.
Parents may decide to gift a property to their children or sell it to them, possibly at a discount. There are different ways to set up the transaction:
Gift the property. No money changes hands.
Sell at a discount.
Sell at full market value.
In each case the family member who takes ownership of the property has to pay stamp duty. And in each case the government requires the buyer to pay the stamp duty based on the market value of the property (the price you'd get if you sold it on the market).
This does not apply if the family members are married or in a de facto relationship.
Your solicitor will be able to provide you with legal advice on what to do in this situation.
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To make sure you get accurate and helpful information, this guide has been edited by Moira Daniels as part of our fact-checking process.
Richard Whitten is a money editor at Finder, and has been covering home loans, property and personal finance for 6+ years. He has written for Yahoo Finance, Money Magazine and Homely; and has appeared on various radio shows nationwide. He holds a Certificate IV in mortgage broking and finance (RG 206), a Tier 1 Generic Knowledge certification and a Tier 2 General Advice Deposit Products (RG 146) certification. See full bio
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Hi there,
I jointly own a property with my mother, she has 2/3 and I have 1/3 on the title. My mother has been diagnosed with dementia I have . I also have a small mortgage on the property of less than $100k. It is no longer appropriate to have my mother on the title however I have read that you cannot remove a person from a title without their consent, is that correct? Is that also the case with Enduring Power of Attorney?
I have read in a previous question posted from Warren in July 24, 2021, and response from Sarah was that “Usually, removing your names from the deed title attract stamp duty, even where the property is gifted and no money is involved in the transaction.” If I were to remove my mother from the title would we be liable for stamp duty?
Finder
RichardJanuary 13, 2022Finder
Hi Scott,
Generally, you’ll need to discuss with the co-owner and reach an agreement before you can remove their name from the property title as it’s not possible to remove someone’s name from the title without their consent. However, your situation is a bit complicated. I recommend that you contact a property lawyer or a licensed conveyancer for personalised legal advice.
Regards,
Richard
KimberleeSeptember 24, 2021
Change deeds back into 1 name
Finder
RichardSeptember 30, 2021Finder
Hi Kimberlee,
First, you’ll need to discuss it with your co-owner and reach an agreement before you can remove their name from the property title as it’s not possible to remove someone’s name from the title without their consent.
Once you’ve come to an agreement, the regulations and forms needed in removing someone’s name from a property title differ by state and territory. Please see above and check out the links by state for the details.
It would also benefit you to hire a property lawyer or a licensed conveyancer for personalised advice about your situation.
I hope this helps!
Cheers,
Richard
AndreSeptember 10, 2021
I owned a rental house in conjunction with one son. I paid him off for his house but we agreed not to make it legal so he could avoid stamp duty.
Now I want to take his name off and give the house and bequeath it in my will to my other son. ( First son will get my own house etc). I have offered to pay his stamp duty…but he is not agreeable now to having his name removed. ( all in WA)
What are my options?
thank you.
Finder
SarahSeptember 17, 2021Finder
Hi Andre,
Your situation seems a bit complicated. Based on what you’ve described, the first thing that you really need to do is to discuss this further and reach an agreement with your son, the co-owner.
If you do not reach an agreement, you will likely have a lot of trouble removing his name from the title, as it’s not possible to remove someone’s name from the title without their consent.
Once you’ve come to an agreement, the regulations and forms needed in removing someone’s name from a property title differ by state and territory. Please see above and check out the links by state for the details.
Because of the complications of your situation, I would definitely recommend you contact a property lawyer or a licensed conveyancer for personalised advice.
I hope this helps!
Cheers,
Sarah
DebraJuly 28, 2021
my first Husband, we bought a house when I lived in the UK in 1985 and my name was on there until 2019 when I removed it so when he dies they would be no issue, he died in 2020 and left the house to his children.
He married a second time and they split 15 years ago she now wants half the house because they were not devoiced they were married for 7 years can I make a claim for the house even though I took my name of the deeds?
Finder
SarahJuly 29, 2021Finder
Hi Debra,
Your situation sounds quite complicated. Because it involves an international property transaction and multiple claims on the property proceeds, it’s very difficult to offer an insight. My best advice would be to contact a lawyer who specializes in property assets and relationship breakdowns to get some personalized guidance on what your next steps could be.
Hope this helps,
Sarah
JudyJuly 26, 2019
I was in a 30-year de facto relationship that ended 12 months ago. We had two properties together. He got one and sold it straight away to which I signed over 100% of money to him. The house I got is still in both names. I would like to remove him from deeds and mortgage. How do I do this? He will keep to our agreement and is more than happy to just sign deeds to me. It is a simple case but lawyers want between $3-4000 just for that and then bank fees on top. I can’t afford to pay that and fear I may loose everything because I want to remain in my home and he got to sell his share.
Thank you.
Finder
JeniJuly 27, 2019Finder
Hi Judy,
Thank you for getting in touch with Finder.
Sorry to hear your struggle on removing someone on your property deeds.
I suggest that you check first with your state’s website on how you may do it yourself or seek help from a conveyancer on removing him on the title deeds.
I hope this helps.
Thank you and have a wonderful day!
Cheers,
Jeni
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Hi there,
I jointly own a property with my mother, she has 2/3 and I have 1/3 on the title. My mother has been diagnosed with dementia I have . I also have a small mortgage on the property of less than $100k. It is no longer appropriate to have my mother on the title however I have read that you cannot remove a person from a title without their consent, is that correct? Is that also the case with Enduring Power of Attorney?
I have read in a previous question posted from Warren in July 24, 2021, and response from Sarah was that “Usually, removing your names from the deed title attract stamp duty, even where the property is gifted and no money is involved in the transaction.” If I were to remove my mother from the title would we be liable for stamp duty?
Hi Scott,
Generally, you’ll need to discuss with the co-owner and reach an agreement before you can remove their name from the property title as it’s not possible to remove someone’s name from the title without their consent. However, your situation is a bit complicated. I recommend that you contact a property lawyer or a licensed conveyancer for personalised legal advice.
Regards,
Richard
Change deeds back into 1 name
Hi Kimberlee,
First, you’ll need to discuss it with your co-owner and reach an agreement before you can remove their name from the property title as it’s not possible to remove someone’s name from the title without their consent.
Once you’ve come to an agreement, the regulations and forms needed in removing someone’s name from a property title differ by state and territory. Please see above and check out the links by state for the details.
It would also benefit you to hire a property lawyer or a licensed conveyancer for personalised advice about your situation.
I hope this helps!
Cheers,
Richard
I owned a rental house in conjunction with one son. I paid him off for his house but we agreed not to make it legal so he could avoid stamp duty.
Now I want to take his name off and give the house and bequeath it in my will to my other son. ( First son will get my own house etc). I have offered to pay his stamp duty…but he is not agreeable now to having his name removed. ( all in WA)
What are my options?
thank you.
Hi Andre,
Your situation seems a bit complicated. Based on what you’ve described, the first thing that you really need to do is to discuss this further and reach an agreement with your son, the co-owner.
If you do not reach an agreement, you will likely have a lot of trouble removing his name from the title, as it’s not possible to remove someone’s name from the title without their consent.
Once you’ve come to an agreement, the regulations and forms needed in removing someone’s name from a property title differ by state and territory. Please see above and check out the links by state for the details.
Because of the complications of your situation, I would definitely recommend you contact a property lawyer or a licensed conveyancer for personalised advice.
I hope this helps!
Cheers,
Sarah
my first Husband, we bought a house when I lived in the UK in 1985 and my name was on there until 2019 when I removed it so when he dies they would be no issue, he died in 2020 and left the house to his children.
He married a second time and they split 15 years ago she now wants half the house because they were not devoiced they were married for 7 years can I make a claim for the house even though I took my name of the deeds?
Hi Debra,
Your situation sounds quite complicated. Because it involves an international property transaction and multiple claims on the property proceeds, it’s very difficult to offer an insight. My best advice would be to contact a lawyer who specializes in property assets and relationship breakdowns to get some personalized guidance on what your next steps could be.
Hope this helps,
Sarah
I was in a 30-year de facto relationship that ended 12 months ago. We had two properties together. He got one and sold it straight away to which I signed over 100% of money to him. The house I got is still in both names. I would like to remove him from deeds and mortgage. How do I do this? He will keep to our agreement and is more than happy to just sign deeds to me. It is a simple case but lawyers want between $3-4000 just for that and then bank fees on top. I can’t afford to pay that and fear I may loose everything because I want to remain in my home and he got to sell his share.
Thank you.
Hi Judy,
Thank you for getting in touch with Finder.
Sorry to hear your struggle on removing someone on your property deeds.
I suggest that you check first with your state’s website on how you may do it yourself or seek help from a conveyancer on removing him on the title deeds.
I hope this helps.
Thank you and have a wonderful day!
Cheers,
Jeni