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.

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Richard Whitten

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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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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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213 Responses

    Quynh's avatar
    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?

      Belinda Punshon's avatar
      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

    Carrie's avatar
    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.

      annette's avatar
      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.

      Belinda Punshon's avatar
      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

      Belinda Punshon's avatar
      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

    michelle's avatar
    michelleJuly 10, 2015

    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.??

      Belinda Punshon's avatar
      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 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

    Billy's avatar
    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?

      Belinda Punshon's avatar
      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

    les's avatar
    lesJuly 2, 2015

    Hi i am thinking of putting my son on our house title will he have to pay stamp duty thanks

      Belinda Punshon's avatar
      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

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