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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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.
Finder
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
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
Finder
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
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.
Finder
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
lynFebruary 9, 2015
Hello, we have some land and would like to allow our son to build a house on it. Our house and land still have a mortgage. (we live in Tasmania). Can we add him to the title and if so would he need to pay tax? Also, are we allowed to allow him to build a house on our land?Thanks
Finder
ShirleyFebruary 10, 2015Finder
Hi Lyn,
Thanks for your question.
You can add your son to the title – he may be exempt from land tax if the land is classified as his principal residence. Please confirm this with your local Office of State Revenue.
You’ll also need to seek council approval for permission to build a property on the land.
Cheers,
Shirley
ibrahimJanuary 7, 2015
If my father gives me 90% of his home can my brothers and sisters contest to my fathers decision.
Finder
ElizabethJanuary 9, 2015Finder
Hi Ibrahim,
Thanks for your question.
If your father leaves it to you as part of his will they may be able to contest the decision if they feel they’ve been unfairly provided for.
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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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.
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
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
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
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.
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
Hello, we have some land and would like to allow our son to build a house on it. Our house and land still have a mortgage. (we live in Tasmania). Can we add him to the title and if so would he need to pay tax? Also, are we allowed to allow him to build a house on our land?Thanks
Hi Lyn,
Thanks for your question.
You can add your son to the title – he may be exempt from land tax if the land is classified as his principal residence. Please confirm this with your local Office of State Revenue.
You’ll also need to seek council approval for permission to build a property on the land.
Cheers,
Shirley
If my father gives me 90% of his home can my brothers and sisters contest to my fathers decision.
Hi Ibrahim,
Thanks for your question.
If your father leaves it to you as part of his will they may be able to contest the decision if they feel they’ve been unfairly provided for.
I hope this has helped.
Thanks,
Elizabeth