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

    lyn's avatar
    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

      Shirley Liu's headshotFinder
      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

    ibrahim's avatar
    ibrahimJanuary 7, 2015

    If my father gives me 90% of his home can my brothers and sisters contest to my fathers decision.

      Elizabeth's headshotFinder
      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.

      I hope this has helped.

      Thanks,

      Elizabeth

    Matt's avatar
    MattNovember 18, 2014

    Hi,

    I would like to add my name to the title on my partners home and added to the mortgage, will I need to pay Government Stamp Duty in NSW?

    THANKS
    Matt

      Shirley Liu's headshotFinder
      ShirleyNovember 19, 2014Finder

      Hi Matt,

      Thanks for your question.

      If the property is to be your matrimonial home, in most cases you can claim an exemption for stamp duty.

      All the best,
      Shirley

    Al's avatar
    AlNovember 18, 2014

    The family property which we live in (vic) was paid off when purchased under my husband’s name. We would now like to include my name to the property ownership. I have not owned any property previously.
    Would I be exempted from stamp duty and are there any other property taxes or costs to pay in this process?

      Shirley Liu's headshotFinder
      ShirleyNovember 18, 2014Finder

      Hi Al,

      Thanks for your question.

      If the property is to be used as your matrimonial home then it’s likely that you’ll be exempt from stamp duty. There may be some legal and government costs regarding the paperwork, the VIC Department of Transport, Planning and Local Infrastructure will be able to disclose these to you.

      Cheers,
      Shirley

      Al's avatar
      AlNovember 19, 2014

      Thanks Shirley.
      Other than paperwork costs, does one have to pay any other property tax for adding names to the title?

      I’m not sure if you meant vic or nsw department of land and property information? I’m in Victoria.

      Thanks

      Shirley Liu's headshotFinder
      ShirleyNovember 19, 2014Finder

      Hi Al,

      Apologies, I had meant the VIC Department of Transport, Planning and Local Infrastructure.

      There shouldn’t be any extra taxes you’d need to pay, but again this is up to the VIC Department of Transport, Planning and Local Infrastructure.

      Cheers,
      Shirley

    Johny's avatar
    JohnyNovember 17, 2014

    Hi ,
    my wife has three properties in her name and I have one in my name.
    We are in Queensland and none of these are the marital home as we currently rent where we live.
    We would like to know what stamp duty or costs would be involved if I add her as an owner to my property and she adds me as an owner to her properties.

      Shirley Liu's headshotFinder
      ShirleyNovember 18, 2014Finder

      Hi Johny,

      Thanks for your question.

      Unfortunately, you may be liable for stamp duty when you add your wife’s name to the titles of your property and vice versa.

      If you’d like, you can use QLD’s transfer duty estimator to give you an indication of these costs.

      Cheers,
      Shirley

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