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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.

What you need to know:

  • 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.

Read our complete guide to changing property ownership here

The simplified steps to removing someone's name from a property title are:

  1. (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.
  2. 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).
  3. 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.
  4. 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.

  1. 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.
  2. 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.
  3. 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

To make sure you get accurate and helpful information, this guide has been edited by Moira Daniels as part of our fact-checking process.
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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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178 Responses

    Default Gravatar
    ChrisJuly 22, 2019

    2 years ago my wife and I purchased a home from an inheritance on the death of her mother. We put both of our names on the title deed. I have since discovered that I am an undischarged bankrupt. I am 72 and my wife 71 and on the full pension. As it was my wife who provided the total amount for the purchase of the house is it possible to remove my name from the title? The trustees for my bankruptcy are aware of our situation and will be taking no further action to recover monies owed.

      AvatarFinder
      JeniJuly 23, 2019Finder

      Hi Chris,

      Thank you for getting in touch with Finder.

      Sorry to hear your current situation. I suggest that you seek expert help from a conveyancer on this matter.

      I hope this helps.

      Thank you and have a wonderful day!

      Cheers,
      Jeni

    Default Gravatar
    SueApril 29, 2019

    The property my spouse and I live in has title deeds in my name only, if we want to change the title deeds from my name to his name only, what kind of expense do we incur, we are in Queensland? We are going through separation.

      Default Gravatar
      NikkiApril 30, 2019

      Hi Sue,

      Thanks for getting in touch!

      Fees differ depending on the state and territory you’re in so contact the relevant government department for more information. Learn more on how to add your spouse’s name to the title deed.

      If you choose to get a property lawyer or licensed conveyancer to carry out this task, you will need to factor their fees into the equation. Speak with your chosen property law expert to get an accurate quote for their services.

      Hope this helps!

      Best,
      Nikki

    Default Gravatar
    TheresaFebruary 27, 2019

    Hi If ur ex partner has been redrawing from the joint mortgage account without the other partner’s knowledge, would or could the amount that should’ve been paid off be taken into consideration when it comes to settlement. Basically there is only half the equity in the property because of the redraws. Thanks

      AvatarFinder
      JohnFebruary 28, 2019Finder

      Hi Theresa,

      Thank you for reaching out to Finder.

      This type of concern needs to be discussed between the both of you due to the complexity of the situation. If an agreement could not be met, it is advisable to seek legal advise for all your options to be provided to you. Hope this helps!

      Cheers,
      Reggie

    Default Gravatar
    CamFebruary 5, 2019

    Hi! How do I get my wife off the title of our home? She wants to be removed from the title.

      AvatarFinder
      JoshuaFebruary 10, 2019Finder

      Hi Cam,

      Thanks for getting in touch with finder. I hope all is well with you. :)

      You can get your wife off your property title by following the steps mentioned above under the subtitle, “How to remove someone’s name from a property title.” You would need to fill out a transfer of title form and submit to the relevant state or territory government department. Pay the fee and then wait for your the process to be completed.

      If you want to make it easier for you to remove a person’s name, you can hire a licensed conveyancer. You can use the form above this page to enquire and learn more about a conveyancer.

      I hope this helps. Should you have further questions, please don’t hesitate to reach us out again.

      Have a wonderful day!

      Cheers,
      Joshua

    Default Gravatar
    RosannaJanuary 13, 2019

    What can you do, if a sibling has influenced a parent to hand over family property deed And then registered it in his name and taken two mortgages out on it

      AvatarFinder
      JohnJanuary 14, 2019Finder

      Hi Rosanna,

      Thank you for reaching out to finder.

      The best recourse would still be to work it out with your sibling on having your name added onto the deed or at least get your half of the property. It may be an expensive option if you still want to have this settled legally. Hope this helps!

      Cheers,
      Reggie

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