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.
You can hire a conveyancer to remove someone's name from a property title or do it yourself by completing a transfer form from your state/territory government's website.
You also need to pay stamp duty, but there are exemptions for marriage or de facto relationship breakdowns.
If you have a home loan, removing someone's name from a property title means you need to refinance the home loan too.
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.
There's no guarantee a lender will approve your new mortgage just because you want to remove someone from the title. 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 it's a second home or an investment, 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 Finder’s Money Editor, with over seven years of experience in home loans, property and personal finance. His insights appear in top media outlets like Yahoo Finance, Money Magazine, and the Herald Sun, and he frequently offers expert commentary on television and radio, helping Australians navigate mortgages and property ownership. Richard holds multiple industry certifications, including a Certificate IV in Mortgage Broking (RG 206) and Tier 1 and Tier 2 certifications (RG 146), as well as a Graduate Certificate in Communications from Deakin University. See full bio
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8 years ago we agreed to allow our parents to move in with us. For their security we added them to the deeds. They are now getting older and we feel it is time to remove them from the deeds. What cost is involved in this? They are in total agreement. If something happened to one of them what happens to their share. Thank you
ArnoldAugust 25, 2017
Hi Julie,
Thanks for your inquiry.
Fees vary between states and territories, so contact the relevant government department for more information.
Whether it’s due to death, divorce, or a change in personal circumstances, it may become necessary for a name to be removed from a property deed. If it’s your name that should be removed from a property deed, you’ll typically complete a deed of conveyance.
Eliminating the ownership rights of those listed on a property deed typically involves removing the names from the deed and from the title. Because some types of property are better suited to specific deeds of conveyance, this process requires knowing more about the type of property you’re discussing.
A deed of conveyance — such as a quitclaim or warranty deed — is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by the property owner leaving the deed and title to the remaining owners of the property, who intend to remain on the title. Removing a name from the property deed requires five steps.
1. Discuss property ownership interests.
2. Access a copy of your title deed.
3. Complete, review, and sign the quitclaim or warranty form.
4. Submit the quitclaim or warranty form.
5. Request a certified copy of your quitclaim or warranty deed.
To remove a name from the property deed, you may follow the steps we have listed above in regards to lodging a Quitclaim.
Hope this information helped.
Cheers,
Arnold
GordonJuly 8, 2017
Hello, my mother died over four years ago. The day after my mother died, I went to the funeral company to get things done. When I went to my mothers bank to get all her papers, only to find out my sister had already been there. I also found out that my sister and also her husband had been stealing thousands of dollars from my mothers account over two years and this is still before the solicitors, because of the luck of work and funds that I have been able to make. Can I have a new deed of the mother’s house made without their permission? I am the sole occupant of my mother’s house now.
JonathanJuly 11, 2017
Hi Gordon!
Thanks for your inquiry! :)
Removing someone from deed without their consent can be a bit more complicated, especially if this concerns a family member. This would typically require a real estate attorney help to sort things out.
Alternatively, you can also seek assistance from your local property office on this matter.
Hope this helps.
Cheers,
Jonathan
JbJune 24, 2017
If my ex partner takes his name of the deeds of the property we jointly own would I be liable to pay tax on it?
JonathanJune 24, 2017
Hi JB!
Did you have divorce? If you do, you may not be required to pay stamp duty following the removal of your ex-partner’s name on the title, as long as you meet all the eligibility criteria.
Check with your solicitor or local state revenue office to know how this works on your situation.
Hope this helps.
Cheers,
Jonathan
LenaJune 7, 2017
Hi there,
My cousin bought a property and it’s still settling,he wants to sell the house to me.
He applied to transfer it in my name and the vendor has refused.
Can the vendor refuse?
Finder
MayJune 8, 2017Finder
Hi Lena,
Thank you for your inquiry.
Basically, when removing someone’s name from a property and transferring it to another, all the parties involved in the property should all come to an agreement. If the property is still on a mortgage/or still settling, your cousin should get a consent from his lender or vendor. If they would not allow, then the transfer to your name should be after the property has been fully paid. I would suggest that you seek a professional/legal advice from a conveyancer who can assist you with the process and possible fees associated with the transfer.
Cheers,
May
AdrienneJune 2, 2017
The above about stamp duty is confusing?
My brother, me and my partner may go on the mortgage together….. does my brother have to pay any fees besides the fee to remove name from the title down the track??
LiezlJune 4, 2017
Hi Adrienne,
Thanks for your question.
Kindly note that someone’s name cannot be legally removed from the property title unless the other party consented to it. For instance, if your brother wishes to remove your name from the title and you’ve agreed to it, with or without monetary consideration, this is considered as a transfer of property – a dutiable transaction. Hence, he may have to pay stamp duty or transfer duty on top of the name removal fee, unless an exemption or concession is applicable. For an in-depth discussion about stamp duty, you may refer to our stamp duty guide.
Adding a name to a property title, or transferring house title to your spouse? Our guide walks you through the steps and costs involved.
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8 years ago we agreed to allow our parents to move in with us. For their security we added them to the deeds. They are now getting older and we feel it is time to remove them from the deeds. What cost is involved in this? They are in total agreement. If something happened to one of them what happens to their share. Thank you
Hi Julie,
Thanks for your inquiry.
Fees vary between states and territories, so contact the relevant government department for more information.
Whether it’s due to death, divorce, or a change in personal circumstances, it may become necessary for a name to be removed from a property deed. If it’s your name that should be removed from a property deed, you’ll typically complete a deed of conveyance.
Eliminating the ownership rights of those listed on a property deed typically involves removing the names from the deed and from the title. Because some types of property are better suited to specific deeds of conveyance, this process requires knowing more about the type of property you’re discussing.
A deed of conveyance — such as a quitclaim or warranty deed — is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by the property owner leaving the deed and title to the remaining owners of the property, who intend to remain on the title. Removing a name from the property deed requires five steps.
1. Discuss property ownership interests.
2. Access a copy of your title deed.
3. Complete, review, and sign the quitclaim or warranty form.
4. Submit the quitclaim or warranty form.
5. Request a certified copy of your quitclaim or warranty deed.
To remove a name from the property deed, you may follow the steps we have listed above in regards to lodging a Quitclaim.
Hope this information helped.
Cheers,
Arnold
Hello, my mother died over four years ago. The day after my mother died, I went to the funeral company to get things done. When I went to my mothers bank to get all her papers, only to find out my sister had already been there. I also found out that my sister and also her husband had been stealing thousands of dollars from my mothers account over two years and this is still before the solicitors, because of the luck of work and funds that I have been able to make. Can I have a new deed of the mother’s house made without their permission? I am the sole occupant of my mother’s house now.
Hi Gordon!
Thanks for your inquiry! :)
Removing someone from deed without their consent can be a bit more complicated, especially if this concerns a family member. This would typically require a real estate attorney help to sort things out.
Alternatively, you can also seek assistance from your local property office on this matter.
Hope this helps.
Cheers,
Jonathan
If my ex partner takes his name of the deeds of the property we jointly own would I be liable to pay tax on it?
Hi JB!
Did you have divorce? If you do, you may not be required to pay stamp duty following the removal of your ex-partner’s name on the title, as long as you meet all the eligibility criteria.
Check with your solicitor or local state revenue office to know how this works on your situation.
Hope this helps.
Cheers,
Jonathan
Hi there,
My cousin bought a property and it’s still settling,he wants to sell the house to me.
He applied to transfer it in my name and the vendor has refused.
Can the vendor refuse?
Hi Lena,
Thank you for your inquiry.
Basically, when removing someone’s name from a property and transferring it to another, all the parties involved in the property should all come to an agreement. If the property is still on a mortgage/or still settling, your cousin should get a consent from his lender or vendor. If they would not allow, then the transfer to your name should be after the property has been fully paid. I would suggest that you seek a professional/legal advice from a conveyancer who can assist you with the process and possible fees associated with the transfer.
Cheers,
May
The above about stamp duty is confusing?
My brother, me and my partner may go on the mortgage together….. does my brother have to pay any fees besides the fee to remove name from the title down the track??
Hi Adrienne,
Thanks for your question.
Kindly note that someone’s name cannot be legally removed from the property title unless the other party consented to it. For instance, if your brother wishes to remove your name from the title and you’ve agreed to it, with or without monetary consideration, this is considered as a transfer of property – a dutiable transaction. Hence, he may have to pay stamp duty or transfer duty on top of the name removal fee, unless an exemption or concession is applicable. For an in-depth discussion about stamp duty, you may refer to our stamp duty guide.
I hope this has helped.
Cheers,
Liezl