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

    prithy's avatar
    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.

      Belinda Punshon's avatar
      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

    Hamsie's avatar
    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.

      Jodie Humphries's avatar
      JodieApril 30, 2015

      Hi Hamsie,

      Thank you for reaching out, we have contacted you by email.

      Regards
      Jodie

    Nat's avatar
    NatApril 14, 2015

    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.

      Nat's avatar
      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.

      Belinda Punshon's avatar
      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

      Belinda Punshon's avatar
      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

    yzs's avatar
    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?

      Jodie Humphries's avatar
      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

    MIles's avatar
    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.

      Marc Terrano's headshotFinder
      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

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