Adding your partner’s name to your house title

When adding a name to a property title or transferring house title to your spouse, there are a few steps, costs and forms involved.

Key takeaways

  • 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.

State and territory forms

Contact your lender before changing the title

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.

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Sources

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Senior Money Editor

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. See full bio

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209 Responses

    Default Gravatar
    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

      Marc Terrano's headshotFinder
      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.

    Default Gravatar
    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

      Marc Terrano's headshotFinder
      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.

    Default Gravatar
    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?

      Marc Terrano's headshotFinder
      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.

    Default Gravatar
    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?

      Default Gravatar
      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.

      I hope this helps.

      Thanks,
      Belinda

    Default Gravatar
    CarrieJuly 20, 2015

    Hi.
    My husband and I are wishing to add my name to the title of our home (we bought it together and just didn’t think to put it in both names seven years ago).
    Can we do this ourselves (saving money and not having to go through a solicitor’s office), and if so, can you please advise of all the forms we need to fill in, who we have to include (JP?) and how much it would cost (we live in Queensland), or if it can be done for free?
    Thank you so very much for your help and advice.

      Default Gravatar
      annetteAugust 12, 2015

      Hi. My daughter and her two boys built on top of our house about five years ago, she pays towards rates etc..
      Can we add her name to the title of the property and would there be a cost involved. She is a single mum.

      Default Gravatar
      BelindaAugust 13, 2015

      Hi Annette,

      Thanks for your enquiry.

      If you would like to add your daughter’s name to the property title you can access and complete the forms identified above on this page.

      You might be interested to read our guide about how to minimise costs when transferring property within the family and you can enquire with a property tax specialist to discuss the process and costs involved.

      Generally, you will need to pay capital gains tax (CGT) which will be determined by the amount of gain or loss derived from the transfer, stamp duty (although you might be exempt from paying this tax so check with your state office of revenue), as well as legal and valuation charges associated with the transfer.

      You should also consider speaking to a conveyancer who will give expert and practical advice on what to do in every step of the process.

      Thanks,
      Belinda

      Default Gravatar
      BelindaJuly 21, 2015

      Hi Carrie,

      Thanks for your enquiry.

      It is generally advisable that you do seek legal and professional advice when adding a partner’s name to your property title.

      You will need a transfer form which can be obtained from the Land and Property Information website, as well as a certificate of title and mortgage documents which you can get from your existing lender.

      The costs involved when changing property ownership will vary on a number of factors but you may need to pay capital gains tax, stamp duty, valuation fees, among others.

      You can read more about how to minimise these costs when changing property ownership on our guide and you can fill out a form to speak with a tax specialist to discuss your options.

      Thanks,
      Belinda

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