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.
See full bio
Richard's expertise
Richard
has written
688
Finder guides across topics including:
Hi my ex-husband’s female owns a block of land but he has the mortgage how does that work
BelindaJune 11, 2015
Hi Jan,
Thanks for your enquiry.
I’ve sent you an email to gain clarification regarding this question.
Thanks,
Belinda
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
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.
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
prithyMay 1, 2015
we have a property under mortage and the property is joint property (both husband and wife) and now my husband willing to transfer the property under my name, i need to know what is the procedure and processing time in common wealth bank, reply me please.
BelindaMay 26, 2015
Hi Prithy,
Thanks for your enquiry.
To have the home loan account transferred in your name- this is a new loan application. This will be the same process when you applied for the joint home loan application with Commonwealth Bank, however it will now be in your name.
As long as you are able to service the loan amount, then you are eligible to apply.
The settlement may take up to 4-6 weeks.
Thanks,
Belinda
HamsieApril 17, 2015
I own my own property with no mortgage or debts and want to add my partners name to the deeds of my/our property. She is currently separated and will be seeking a divorce following a 2+ years separation, we have lived together since February 2013. We are undecided if she will change her name by deed poll following her divorce, she is quite keen to adopt my surname which would be somewhat unusual at a later wedding or she might choose another name. She also intends to invest significantly in the property carrying out some improvements and repairs.
Can you clarify any issues this could present, Capital gains or other such duties that we may become liable for or advise if a deed of trust would be a less costly way to proceed whilst affording her the protection we desire. I have already made her sole beneficiary in my will but we worry that it does not offer quite the same level of protection for her interest.
JodieApril 30, 2015
Hi Hamsie,
Thank you for reaching out, we have contacted you by email.
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.
Important information about this website
Finder makes money from featured partners, but editorial opinions are our own.
Finder is one of Australia's leading comparison websites. We are committed to our readers and stand by our editorial principles.
We try to take an open and transparent approach and provide a broad-based comparison service. However, you should be aware that while we are an independently owned service, our comparison service does not include all providers or all products available in the market.
Some product issuers may provide products or offer services through multiple brands, associated companies or different labeling arrangements. This can make it difficult for consumers to compare alternatives or identify the companies behind the products. However, we aim to provide information to enable consumers to understand these issues.
We make money by featuring products on our site. Compensation received from the providers featured on our site can influence which products we write about as well as where and how products appear on our page, but the order or placement of these products does not influence our assessment or opinions of them, nor is it an endorsement or recommendation for them.
Products marked as 'Top Pick', 'Promoted' or 'Advertisement' are prominently displayed either as a result of a commercial advertising arrangement or to highlight a particular product, provider or feature. Finder may receive remuneration from the Provider if you click on the related link, purchase or enquire about the product. Finder's decision to show a 'promoted' product is neither a recommendation that the product is appropriate for you nor an indication that the product is the best in its category. We encourage you to use the tools and information we provide to compare your options.
Where our site links to particular products or displays 'Go to site' buttons, we may receive a commission, referral fee or payment when you click on those buttons or apply for a product.
When products are grouped in a table or list, the order in which they are initially sorted may be influenced by a range of factors including price, fees and discounts; commercial partnerships; product features; and brand popularity. We provide tools so you can sort and filter these lists to highlight features that matter to you.
Please read our website terms of use and privacy policy for more information about our services and our approach to privacy.
We update our data regularly, but information can change between updates. Confirm details with the provider you're interested in before making a decision.
How likely would you be to recommend Finder to a friend or colleague?
0
1
2
3
4
5
6
7
8
9
10
Very UnlikelyExtremely Likely
Required
Thank you for your feedback.
Our goal is to create the best possible product, and your thoughts, ideas and suggestions play a major role in helping us identify opportunities to improve.
The information provided by Frankie is general in nature and has been prepared without considering your objectives, financial situation or needs. Frankie may make mistakes so it's important that you review the information before deciding. By messaging Frankie, you agree to our Terms and have read our Privacy Policy.
Hi my ex-husband’s female owns a block of land but he has the mortgage how does that work
Hi Jan,
Thanks for your enquiry.
I’ve sent you an email to gain clarification regarding this question.
Thanks,
Belinda
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
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.
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
we have a property under mortage and the property is joint property (both husband and wife) and now my husband willing to transfer the property under my name, i need to know what is the procedure and processing time in common wealth bank, reply me please.
Hi Prithy,
Thanks for your enquiry.
To have the home loan account transferred in your name- this is a new loan application. This will be the same process when you applied for the joint home loan application with Commonwealth Bank, however it will now be in your name.
As long as you are able to service the loan amount, then you are eligible to apply.
The settlement may take up to 4-6 weeks.
Thanks,
Belinda
I own my own property with no mortgage or debts and want to add my partners name to the deeds of my/our property. She is currently separated and will be seeking a divorce following a 2+ years separation, we have lived together since February 2013. We are undecided if she will change her name by deed poll following her divorce, she is quite keen to adopt my surname which would be somewhat unusual at a later wedding or she might choose another name. She also intends to invest significantly in the property carrying out some improvements and repairs.
Can you clarify any issues this could present, Capital gains or other such duties that we may become liable for or advise if a deed of trust would be a less costly way to proceed whilst affording her the protection we desire. I have already made her sole beneficiary in my will but we worry that it does not offer quite the same level of protection for her interest.
Hi Hamsie,
Thank you for reaching out, we have contacted you by email.
Regards
Jodie