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 husband and I have both our names on mortgage for our investment property, but it is only his name on the house title. Does it mean, that he is the only owner of that property and I have no legal right to solely inherit this property even though I pay the mortgage?
He has 3 grown up children from his previous marriage and we have a child together who is a minor.
NatApril 14, 2015
Thank you very much Belinda. Would you happen to know what kind of stamp duty will we have to pay on residential investment property in NSW (Sydney metro) for us to add my name to the house title, would it be a full stamp duty amount or half or does it depend on the property price?
Thank you in advance.
Nat.
BelindaApril 15, 2015
Hi Nat,
If you plan to add your title to the property, the first step is to get in contact with your lender to discuss whether this would be feasible.
In some cases, stamp duty is not payable when a partner is added to the property title. This includes married, de facto and same sex couples. To realise this exemption, you’ll need to fill out an exemption form, which you can get from your state office of revenue.
There are several conditions that must be met before this exemption can be realised. As mentioned, always check with your lender before carrying out any transfer of title or mortgage.
Thanks,
Belinda
BelindaApril 14, 2015
Hi Nat,
Thanks for your question.
As every case is different, it is recommended that you seek legal and professional advice regarding this matter and your best course of action.
It is not uncommon for a name on the mortgage to not be included on the deed. The names on the mortgage indicate the parties held responsible for repaying the loan, it does not convey ownership. Whereas, the names on the deeds convey ownership of the property.
Deeds reflect the name of the sole owner, the names of tenants in common, or the names of joint tenants. If the investment property is titled under sole ownership, this could mean that the property is only owned by your husband without any transfer on death designation.
I hope this helps.
Thanks,
Belinda
yzsApril 11, 2015
Hi! I, my sister & parents migrated in Australia and my parents wanted to buy a home but instead spent 100k each for me and my sister to get a loan. My sister needs the mortgage while I bought my home outright as I have the money. So for my sister’s home, it is under my dad’s name and my sister’s name. My home is under my name and my mom. We do this because my parents was thinking of buying their own home but instead help us start since they don’t wanna live in Australia as much as we do.
I wanted to get clarification that if ever after 50yrs, they get deceased, would that mean my house will be mine or will my sister be part owner of house too? And vice versa.
What should we do for both property of me and my sister?
JodieApril 28, 2015
Hi Yzs,
Thank you for your enquiry.
You have come through to finder.com.au, a financial comparison site, we are not able to offer you advice on your specific financial needs. You may want to contact a financial advisor or your trusted solicitor in order to discuss your specific situation.
Regards
Jodie
MIlesApril 8, 2015
I have a investment property in NSW and wish to transfer it into my sons name. What would be the best way to do this. And would there be any Stamp duty requirements. Or we I just transfer title.
Finder
MarcApril 9, 2015Finder
Hi Miles,
Thanks for the question.
When transferring property to friends or family, there may be capital gains tax which is payable. You can read our guide on how to minimise or avoid fees when transferring or gifting property to a family member.
I would recommend contacting the ATO, in addition to an accountant, to find the best way to transfer a property to your son’s name for your personal situation.
I hope this helps,
Marc
DarrenMarch 13, 2015
Hi
We originally bought a house in NSW under myself, my wife and my brother names for an investment ~ 15 years ago. We ended up only using it as the matrimonial home (ie brother never lived in it). We are now looking at doing a knock down/rebuild and want to remove my brother from the title during the refinance. Do we have to pay stamp duty on his percentage ?
Thanks
Finder
ShirleyMarch 13, 2015Finder
Hi Darren,
Thanks for your question.
You may be exempt from stamp duty with reasoning that it’s your matrimonial home. I’d highly recommend that you speak to a solicitor to talk about your option.
They can help you claim and complete the right paperwork to apply for this exemption.
Cheers,
Shirley
MooMarch 3, 2015
I owned my house outright on paper…partner moved in…house needed major repairs…so we got a mortgage in both names. Changed banks after a year.
Few years later we relocated & rent now and turned our PPoR into an investment property, and quickly finished the renovations and spent $12,000 getting them done and property ready for tenants.
Fast forward 6 months to tax time last year…looking forward to getting the $ back, only to be told that because hubby not on title, he can’t claim. Neither can I apparently due to having no taxable income that year (stay at home mum). Can he still claim or were we told the wrong thing?
Even on depreciation? as I see some things are “capital” in nature & won’t be able to claim.
I asked my bank about putting him on title…as they hold it…4 months later they tell me to go see a conveyancer!!!
Finder
ShirleyMarch 3, 2015Finder
Hi Moo,
Thanks for your question.
Unfortunately if your husband’s name wasn’t on the title of the investment property then its not possible for him to claim any deductions on it. A property title, from a legal point of view, establishes who owns the property.
Typically the process of adding someone to the property title is a lot easier if you use a conveyancer. You can add your husband’s name on the title now, but it would be best to speak to a tax specialist regarding the implications and to see if it’s worth it at this point in time.
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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Hi!
My husband and I have both our names on mortgage for our investment property, but it is only his name on the house title. Does it mean, that he is the only owner of that property and I have no legal right to solely inherit this property even though I pay the mortgage?
He has 3 grown up children from his previous marriage and we have a child together who is a minor.
Thank you very much Belinda. Would you happen to know what kind of stamp duty will we have to pay on residential investment property in NSW (Sydney metro) for us to add my name to the house title, would it be a full stamp duty amount or half or does it depend on the property price?
Thank you in advance.
Nat.
Hi Nat,
If you plan to add your title to the property, the first step is to get in contact with your lender to discuss whether this would be feasible.
In some cases, stamp duty is not payable when a partner is added to the property title. This includes married, de facto and same sex couples. To realise this exemption, you’ll need to fill out an exemption form, which you can get from your state office of revenue.
There are several conditions that must be met before this exemption can be realised. As mentioned, always check with your lender before carrying out any transfer of title or mortgage.
Thanks,
Belinda
Hi Nat,
Thanks for your question.
As every case is different, it is recommended that you seek legal and professional advice regarding this matter and your best course of action.
It is not uncommon for a name on the mortgage to not be included on the deed. The names on the mortgage indicate the parties held responsible for repaying the loan, it does not convey ownership. Whereas, the names on the deeds convey ownership of the property.
Deeds reflect the name of the sole owner, the names of tenants in common, or the names of joint tenants. If the investment property is titled under sole ownership, this could mean that the property is only owned by your husband without any transfer on death designation.
I hope this helps.
Thanks,
Belinda
Hi! I, my sister & parents migrated in Australia and my parents wanted to buy a home but instead spent 100k each for me and my sister to get a loan. My sister needs the mortgage while I bought my home outright as I have the money. So for my sister’s home, it is under my dad’s name and my sister’s name. My home is under my name and my mom. We do this because my parents was thinking of buying their own home but instead help us start since they don’t wanna live in Australia as much as we do.
I wanted to get clarification that if ever after 50yrs, they get deceased, would that mean my house will be mine or will my sister be part owner of house too? And vice versa.
What should we do for both property of me and my sister?
Hi Yzs,
Thank you for your enquiry.
You have come through to finder.com.au, a financial comparison site, we are not able to offer you advice on your specific financial needs. You may want to contact a financial advisor or your trusted solicitor in order to discuss your specific situation.
Regards
Jodie
I have a investment property in NSW and wish to transfer it into my sons name. What would be the best way to do this. And would there be any Stamp duty requirements. Or we I just transfer title.
Hi Miles,
Thanks for the question.
When transferring property to friends or family, there may be capital gains tax which is payable. You can read our guide on how to minimise or avoid fees when transferring or gifting property to a family member.
I would recommend contacting the ATO, in addition to an accountant, to find the best way to transfer a property to your son’s name for your personal situation.
I hope this helps,
Marc
Hi
We originally bought a house in NSW under myself, my wife and my brother names for an investment ~ 15 years ago. We ended up only using it as the matrimonial home (ie brother never lived in it). We are now looking at doing a knock down/rebuild and want to remove my brother from the title during the refinance. Do we have to pay stamp duty on his percentage ?
Thanks
Hi Darren,
Thanks for your question.
You may be exempt from stamp duty with reasoning that it’s your matrimonial home. I’d highly recommend that you speak to a solicitor to talk about your option.
They can help you claim and complete the right paperwork to apply for this exemption.
Cheers,
Shirley
I owned my house outright on paper…partner moved in…house needed major repairs…so we got a mortgage in both names. Changed banks after a year.
Few years later we relocated & rent now and turned our PPoR into an investment property, and quickly finished the renovations and spent $12,000 getting them done and property ready for tenants.
Fast forward 6 months to tax time last year…looking forward to getting the $ back, only to be told that because hubby not on title, he can’t claim. Neither can I apparently due to having no taxable income that year (stay at home mum). Can he still claim or were we told the wrong thing?
Even on depreciation? as I see some things are “capital” in nature & won’t be able to claim.
I asked my bank about putting him on title…as they hold it…4 months later they tell me to go see a conveyancer!!!
Hi Moo,
Thanks for your question.
Unfortunately if your husband’s name wasn’t on the title of the investment property then its not possible for him to claim any deductions on it. A property title, from a legal point of view, establishes who owns the property.
Typically the process of adding someone to the property title is a lot easier if you use a conveyancer. You can add your husband’s name on the title now, but it would be best to speak to a tax specialist regarding the implications and to see if it’s worth it at this point in time.
Hope this helps,
Shirley