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

    Darren's avatar
    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

      Shirley Liu's headshotFinder
      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

    Moo's avatar
    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!!!

      Shirley Liu's headshotFinder
      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.

      Hope this helps,
      Shirley

    Paul's avatar
    PaulFebruary 27, 2015

    I won a house in a lottery. The ticket was in my name and so is the house. Now I want to add my wife’s name to the title. The house will be our home in Victoria.
    What would be the costs and ease of adding her name?
    Thank you.

      Shirley Liu's headshotFinder
      ShirleyFebruary 27, 2015Finder

      Hi Paul,

      Thanks for your question.

      When adding someone to your property title it’s highly recommended that you use the services of a solicitor. This will make the process fairly straightforward. The fees would depend on the solicitor fees plus and government fees and charges – this tends to run into the thousands.

      Cheers,
      Shirley

    Mahmoud's avatar
    MahmoudFebruary 26, 2015

    Hi,

    Is it possible to put my spouse’s name on the title without making her a mortgagor? I want to share the equity of the house with her.

    Kindly advise.

    Regards,
    Mahmoud

      Shirley Liu's headshotFinder
      ShirleyFebruary 26, 2015Finder

      Hi Mahmoud,

      Thanks for your question.

      It’s possible to put your spouse’s name on the title without making her a mortgagor. You can do this with the services of your trusted solicitor. If you would like to do this without a solicitor please contact your local Government office that handles land titles.

      Cheers,
      Shirley

    Jane's avatar
    JaneFebruary 24, 2015

    I’m getting married soon and I own a unit. My fiance doesn’t own any property. We are buying a house together and will be using equity from my property for a deposit. Is it smarter for me to buy the house as ‘tenants in common’ or ‘joint tenancy’? I want to safeguard my asset in case the relationship fails in the future.

      Shirley Liu's headshotFinder
      ShirleyFebruary 24, 2015Finder

      Hi Jane,

      Thanks for your question.

      Please note that finder.com.au is an online comparison service and is not in a position to give legal advice. It’s best to speak to your trusted solicitor.

      A joint tenancy will mean that both parties will own equal shares when the asset is split. If you would like to safeguard yourself from this and get back the portion you contributed, you may want a tenants in common setup.

      Cheers,
      Shirley

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