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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my defacto partner wants to buy a house in his name I don’t work as we have 5 small children together,If in the future he should die and I am left the house in his will but there’s still money owing can I stay in the house and keep paying the mortgage.??
BelindaJuly 13, 2015
Hi Michelle,
Thanks for your enquiry.
Given that your husband is the sole borrower of the property, in the event that he passes away, the responsibility of the debt will be passed on to the beneficiary as outlined in his will. This means the lender has the right to request the payment of the loan in full from the nominated beneficiary and thus they will inherit the mortgage repayments.
Depending on what is outlined in the will, and if you are in a position to meet the outstanding mortgage repayments, then you may be able to stay in the property.
You should also speak with your lender and a solicitor to fully understand the legal responsibilities should this happen.
Thanks,
Belinda
BillyJuly 10, 2015
Hi team;
I own a property, and am now wanting to add my Fiancé on to the Title. Is stamp duty based on the value of the property, and will it be exempt if we are both living there?
BelindaJuly 13, 2015
Hi Billy,
Thanks for your enquiry.
Please note that the requirements for stamp duty exemption in this situation varies from state to state.
In some cases, when you add your partner’s name to the property title, you may be exempt from paying stamp duty. However, to find out whether you can realise this exemption, you’ll need to contact your state office of revenue.
It’s advisable that you also speak with your lender before carrying out any transfer of the property title or mortgage.
Thanks,
Belinda
lesJuly 2, 2015
Hi i am thinking of putting my son on our house title will he have to pay stamp duty thanks
BelindaJuly 3, 2015
Hi Les,
Thanks for your enquiry.
Generally, stamp duty is calculated on the value of the property that’s being transferred and is represented as a percentage.
However, if the property is your main place of residence, then your son may be exempt from paying stamp duty when the property is transferred into his name.
To find out whether he would be exempt, you should contact your state office or revenue or alternatively, you can fill out the form on this page to speak with a property tax specialist.
Thanks,
Belinda
BelindaJuly 2, 2015
Hi Rod,
Thanks for your enquiry.
If you would like to add your partner’s name to your property, you will need to visit the Land and Property Information website to obtain the relevant transfer form and you will also need to speak with your lender about obtaining the certificate of title as well as your mortgage documents.
I own a house in Perth and it in my name. We no longer live in Perth and rent the property out.
The property is Cash Flow Positive and I was wondering if I can transfer or even reduce my tax using my wife as 50% on the title for tax purposes. Any advise welcome which I will then seek profession advice before actioning.
Thanks
BelindaJune 24, 2015
Hi Jammy,
Thanks for your enquiry.
You can read more about how to reduce fees and charges when transferring property within the family. Here, you can also fill out a form to speak with a property tax specialist.
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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my defacto partner wants to buy a house in his name I don’t work as we have 5 small children together,If in the future he should die and I am left the house in his will but there’s still money owing can I stay in the house and keep paying the mortgage.??
Hi Michelle,
Thanks for your enquiry.
Given that your husband is the sole borrower of the property, in the event that he passes away, the responsibility of the debt will be passed on to the beneficiary as outlined in his will. This means the lender has the right to request the payment of the loan in full from the nominated beneficiary and thus they will inherit the mortgage repayments.
Depending on what is outlined in the will, and if you are in a position to meet the outstanding mortgage repayments, then you may be able to stay in the property.
You can read more about the responsibilities of a home loan and how to prepare in the event that your partner passes away.
You should also speak with your lender and a solicitor to fully understand the legal responsibilities should this happen.
Thanks,
Belinda
Hi team;
I own a property, and am now wanting to add my Fiancé on to the Title. Is stamp duty based on the value of the property, and will it be exempt if we are both living there?
Hi Billy,
Thanks for your enquiry.
Please note that the requirements for stamp duty exemption in this situation varies from state to state.
In some cases, when you add your partner’s name to the property title, you may be exempt from paying stamp duty. However, to find out whether you can realise this exemption, you’ll need to contact your state office of revenue.
It’s advisable that you also speak with your lender before carrying out any transfer of the property title or mortgage.
Thanks,
Belinda
Hi i am thinking of putting my son on our house title will he have to pay stamp duty thanks
Hi Les,
Thanks for your enquiry.
Generally, stamp duty is calculated on the value of the property that’s being transferred and is represented as a percentage.
However, if the property is your main place of residence, then your son may be exempt from paying stamp duty when the property is transferred into his name.
To find out whether he would be exempt, you should contact your state office or revenue or alternatively, you can fill out the form on this page to speak with a property tax specialist.
Thanks,
Belinda
Hi Rod,
Thanks for your enquiry.
If you would like to add your partner’s name to your property, you will need to visit the Land and Property Information website to obtain the relevant transfer form and you will also need to speak with your lender about obtaining the certificate of title as well as your mortgage documents.
You can read more about the process and costs involved when transferring property ownership.
Thanks,
Belinda
Hello,
I own a house in Perth and it in my name. We no longer live in Perth and rent the property out.
The property is Cash Flow Positive and I was wondering if I can transfer or even reduce my tax using my wife as 50% on the title for tax purposes. Any advise welcome which I will then seek profession advice before actioning.
Thanks
Hi Jammy,
Thanks for your enquiry.
You can read more about how to reduce fees and charges when transferring property within the family. Here, you can also fill out a form to speak with a property tax specialist.
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.
Thanks,
Belinda