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There are a number of reasons why people look into changing the names on a property title. You might have shared ownership between high and low income earners and you want to spread the capital gain and income tax liabilities. Or perhaps there's been a relationship breakdown and one co-owner is transferring the property to the other.
You need to know the different types of ownership structure to help you work out how to transfer ownership. This guide to changing property ownership will help you determine which property ownership structure suits you best and how to move forward with a transfer of ownership.
If you need expert help navigating title changes and property ownership questions you should consider speaking to a conveyancer or solicitor. They can help you with issues related to ownership and property law.
Adding your partner's name to your house
There are many reasons people may want to change the ownership details of the property, ranging from a change in circumstance or situation all the way to gifting to a family member or inheritance. Below is a list of the most common reasons people have for changing property ownership:
The steps involved in changing property ownerships vary depending on the type of property ownership, how you are changing it and whether it is under a mortgage. Below are some of the key steps involved.
1. Check the mortgage. If the property still has a home loan attached to it you will need to have the details of this on hand as they may also need to be adjusted depending on your reason for making a change to the property ownership.
2. Get a copy of the property title. You can contact your local state office that looks after land titles for a copy of the property's title as a reference for changing the details.
3. Fill out a property title transfer form. You can get this from your government agency that looks after land titles for the form/s required to change the property ownership. You can also ask them for instructions on how to properly fill this out. If you are in New South Wales, you can read our guide here.
4. Submit the title transfer form. Once you have completed the form with all relevant details you will need to submit it to your local state government land office that looks after property titles.
5. Pay the relevant fee. Any change of title or adjustment to property ownership will incur a fee to be paid to the relevant state government office.
6. Wait for the processing of the form. The relevant agency will process the form and if all is well will make the relevant adjustments to the ownership details held by the state.
If you have a mortgage still attached to the property you will need to notify your bank of the change to property ownership and they may ask you to alter your loan documents to match the property title details.
There are anti-tax avoidance rules that state you must have a valid reason for transferring the title of a property apart from tax benefits. Be sure you know your reason and be certain to document it.
Title insurance is a minor cost, but it could be a major protection for your property purchase.
If you need to transfer or change property ownership for a NSW property, here's what you need to do.
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.
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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I’m currently on the property title of my parents house. This means that the three of us are on the title. Due differences in the family I would like to be removed from the title. Leaving the house in their name. I’ve been on the title in name only.
Is this possible?
This sounds like a complex situation – you’ll need to consult a lawyer to have any adjustments made. Good luck!
I own my house but my marriage has ended. No I’ll feelings. All I want to do is put my wife’s name on the deed and if possible take mine off. Can you tell me the most simple way to go about this.
I suggest talking to a conveyancer to set this up. There may also be stamp duty payable if the name on the title is changing. There are exceptions for family members, however, and this may include marriage breakdown.
I was in a de facto relationship. My mothers home was sold to me very cheap by my brother who had acquired it through my mothers will. I payed the full amount myself, with no input from my de facto. It was the only house I owned and my principle place of residence. At the time, I was facing financial difficulties, and I wrongly feared that my bank had the ability to seize it and sell it if I were to file bankruptcy. So the property was put into my partners name. The relationship has ended and he has told me he is keeping my childhood home. I am no longer living there and he has remained in the house. The property is not worth a lot of money, so it’s only him being spiteful. Do I have any rights to the house or have I made a huge mistake?
Thank you.
Please contact a lawyer for professional advice. I’m afraid we can’t really help you here.
If you are reverting back to your maiden name, is it necessary to change your name on the title which is in your married name?
Hi Denise,
Depending on where you live, you could use a change of name form to update the title. Check your state’s land titles office.
My father has been in a nursing home for five years. This is fully funded by his pension. He has lost capacity many years ago. I have an enduring power of attorney for his financial and health affairs. My mother and father own a property together with no mortgage which my mother still resides in. My mother has been diagnosed with pancreatic cancer which is terminal. How do we transfer my father‘s 50% share of the family home to my mother so that upon her passing The home and other assets are distributed according to her will And my father’s nursing home accommodation continues to be funded by his pension?
Hi Steve,
I’m sorry but we really can’t offer any help here as we’re not licensed to give personal financial advice (or legal advice). Might be worth speaking to a conveyancer about the property title? If you have enduring power of attorney than you might be able to authorise the title change. An estate planner could help too.
Kind regards,
Richard