If you want to add a partner's name to a property title you'll need to complete your state or territory's title transfer form (or equivalent).
You'll have to pay a fee, but you may be able to avoid stamp duty if you're in a married or de facto relationship with the person you're adding to the title.
If you have a mortgage, you'll have to notify your lender too. When changing a property title it's always a good idea to get professional legal advice beforehand.
Government websites and forms
The paperwork and process for adding a partner's name to your property title differs in each state and territory. You will usually need the following forms and documents:
Mortgage documents. If you have a mortgage, your lender will need to provide documents you need before adding your partner's name to the title.
Property title. You will need the original property title or certificate.
Transfer form. This is the government paperwork you will need to complete. There will also be a fee. Fees and forms differ by state.
If you plan to transfer a share in your property or renegotiate any mortgage, the first step is to contact your lender. Your lender has to approve the title change, because its name is also on your mortgage.
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.
Married couples. Both involved have rights to the property, so each individual would have a claim on it regardless of whose names appear on the deeds.
Adding a long term partner. By adding a partner onto the mortgage, you will both get fair rights if the property is sold. If you initially purchased the property, it's wise to protect your investment under a ‘tenants in common’ arrangement.
Talk to a conveyancer or solicitor before adding someone to a property title
Title changes are complex legal processes for the average person to understand. It's a good idea to get professional legal help first.
What type of ownership agreement should I get?
There are 2 ownership structures, and both are quite different:
Joint tenants. Both parties own the property equally and together. This is not a 50/50 ownership structure because both parties own it completely. You cannot sell "your half" in this structure unless you renegotiate the agreement (via divorce, for example). This type of agreement is most popular among married and long term de facto couples.
Tenants in common. Both parties can choose to own the property, either in equal shares or unequally. For example, 1 party would own a third and the other owns two-thirds. If 1 of the owners die then their will decides who gets the ownership share. This agreement is popular with owners who don’t want their share to go to other owners, such as friends or business partners.
Example: Adding a long term partner to your property
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.
Will I have to pay stamp duty?
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.
More helpful guides on property ownership and titles
Richard Whitten is Finder’s Senior Money Editor, with over eight years of experience in home loans, property, credit cards 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 started his career in education and textbook publishing in South Korea. He 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 Bachelor of Education from the University of Sydney and a Graduate Certificate in Communications from Deakin University.
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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
Finder
MarcOctober 6, 2015Finder
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.
davidSeptember 19, 2015
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
Finder
MarcSeptember 23, 2015Finder
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.
KenSeptember 7, 2015
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
Finder
MarcSeptember 9, 2015Finder
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.
MalikAugust 18, 2015
Hi
last month i brought land only my name. but now i want to add my wife name. How can i do it?
Finder
MarcAugust 19, 2015Finder
Hi Malik,
thanks for the question.
To initiate the transfer and find out more, please contact the Office of State Revenue for your state or territory.
I hope this helps,
Marc.
QuynhAugust 5, 2015
Hi, we have a house for rent and my wife’s name and myself both on the title. We have a daughter and we want to add her name in the title. We are living in another paid off property. What do we have to do, what fee and charge, tax etc we have to pay?
BelindaAugust 6, 2015
Hi Quynh,
Thanks for your enquiry.
We have a guide about the process of changing property ownership, but you should speak with your lender about the forms required to add your daughter’s name to the title deeds.
You can also read about how to minimize fees and charges when transferring property ownership within the family, and you can complete the form to speak to a property tax consultant.
When you gift property within the family, you may need to pay capital gains tax (CGT) which will depend on the amount of capital gain or loss derived from the CGT event. You may also need to pay stamp duty, however in some cases, you may be exempt from stamp duty tax, so it is best to check with your state office of revenue to see if you can realize an exemption.
You may also need to cover the valuation and legal fees associated with the transfer. You should also consider speaking to a conveyancer who will give expert and practical advice on what to do at every step of the process.
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.
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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.
Hi
last month i brought land only my name. but now i want to add my wife name. How can i do it?
Hi Malik,
thanks for the question.
To initiate the transfer and find out more, please contact the Office of State Revenue for your state or territory.
I hope this helps,
Marc.
Hi, we have a house for rent and my wife’s name and myself both on the title. We have a daughter and we want to add her name in the title. We are living in another paid off property. What do we have to do, what fee and charge, tax etc we have to pay?
Hi Quynh,
Thanks for your enquiry.
We have a guide about the process of changing property ownership, but you should speak with your lender about the forms required to add your daughter’s name to the title deeds.
You can also read about how to minimize fees and charges when transferring property ownership within the family, and you can complete the form to speak to a property tax consultant.
When you gift property within the family, you may need to pay capital gains tax (CGT) which will depend on the amount of capital gain or loss derived from the CGT event. You may also need to pay stamp duty, however in some cases, you may be exempt from stamp duty tax, so it is best to check with your state office of revenue to see if you can realize an exemption.
You may also need to cover the valuation and legal fees associated with the transfer. You should also consider speaking to a conveyancer who will give expert and practical advice on what to do at every step of the process.
I hope this helps.
Thanks,
Belinda