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

    Belinda Punshon's avatar
    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.

    You can read more about the process and costs involved when transferring property ownership.

    Thanks,
    Belinda

    Jammy25's avatar
    Jammy25June 23, 2015

    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

      Belinda Punshon's avatar
      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.

      Thanks,
      Belinda

    jan's avatar
    janJune 10, 2015

    Hi my ex-husband’s female owns a block of land but he has the mortgage how does that work

      Belinda Punshon's avatar
      BelindaJune 11, 2015

      Hi Jan,

      Thanks for your enquiry.

      I’ve sent you an email to gain clarification regarding this question.

      Thanks,
      Belinda

    Belinda Punshon's avatar
    BelindaMay 28, 2015

    Hi Beth,

    Thanks for your enquiry.

    To be eligible for the Great Start Grant, both you and your partner cannot have previously owned property in Australia.

    To add someone’s name to the property title, the fees will depend on the solicitor fees plus government charges and fees.

    Thanks,
    Belinda

    Susie's avatar
    SusieMay 17, 2015

    Hi,

    My husband and I both own investment properties (each in our own names). We use these as tax offsets. We are expecting a baby later this year which will mean that I am not working/earning a much lower income and thus needing to pay much less income tax.

    I am wondering of the benefit of adding my husbands name to my investment property title (ie 50/50% each) for the purpose of him being able to use it as extra tax offsets against his income.

    Is this something that is commonly done and do the fee costs involved in the title change outweigh the tax benefit of doing this?

    Thanks.

      Belinda Punshon's avatar
      BelindaMay 29, 2015

      Hi Susie,

      Thanks for reaching out.

      finder.com.au is an online comparison service so we cannot provide you with advice regarding your personal situation.

      It would be best that you seek financial advice regarding the tax implications of adding your husbands’ name to the investment property title.

      Thanks,
      Belinda

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