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

    Melissa's avatar
    MelissaNovember 10, 2014

    hi there, my brother wants to gift me 50% of his land/house and add me to the title so we are tenants in common. I will not be living at this house. Is there any stamp duty payable or am I exempt as I have a pensioner concession card. Im in VIC

    Thanks,
    Melissa

      Elizabeth's headshotFinder
      ElizabethNovember 11, 2014Finder

      Hi Melissa,

      Thanks for your question.

      Pensioner concessions are available but you will need to live in the house in order to be eligible to receive concessions. You will need to pay stamp duty on this property transfer – you can check page to find out how much stamp duty you’re likely to pay.

      I hope this has helped.

      Thanks,

      Elizabeth

    Jim's avatar
    JimNovember 9, 2014

    My niece is a single mother recently divorced. She intends putting the title of the new house she is purchasing in Melbourne in her kids (minors) name with herself as the Guarantor. She has been advised that to safeguard the property should anything happen to her, she must put her ex-husbands name also on the title which I find rather odd as this can be avoided by putting it in a trust with other relatives. Please provide your valuable advice.
    Thank you in advance
    Jim

      Elizabeth's headshotFinder
      ElizabethNovember 11, 2014Finder

      Hi Jim,

      Thanks for your question.

      The names that she decides to add to the house title are really up to her, but I suggest she seeks legal advice on the matter to decide the best course of action before she goes ahead with anything.

      I hope this has helped.

      Thanks,

      Elizabeth

    Shakana's avatar
    ShakanaSeptember 14, 2014

    Hi there??

    I am qld and buying an owner occupied property in Victoria. I have got the formal approval from the bank but yet to be signed.

    I am a fly in fly out worker and having the contract only in my name.

    Am I still eligible for FHOG when I travel interstate for work?

    I haven’t put my wife in the contract but my family will be in the property in Victoria..

    can I add my wife to the building contract by any chance??

    Thanks

    regards,
    Shakana

      Shirley Liu's headshotFinder
      ShirleySeptember 15, 2014Finder

      Hi Shakana,

      Thanks for your question.

      Please see below the eligibility requirements for the FHOG in Victoria;
      “-You and your spouse/partner have not received a grant in any State or Territory of Australia.
      -You and your spouse/partner must not have owned residential property, either jointly, separately or with some other person prior to 1 July 2000, in any State or Territory of Australia.
      -You and your spouse/partner must not have occupied for a continuous period of at least 6 months, a residential property in which either of you acquired a relevant interest on or after 1 July 2000 in any State or Territory of Australia.
      -You must be a natural person (not a company) and at least 18 years of age at the time of settlement or completion of construction.”

      Please note that FHOG only applies to a new, or off the plan home in Victoria.

      You can add your wife to the building contract, though if she has owned a property in the past you may be eligible for the grant.

      Cheers,
      Shirley

      Shakana's avatar
      ShakanaSeptember 15, 2014

      Hi Shirley,

      Thanks for your reply and time.

      We never owned a house in Australia. So we are satisfying all the criteria.

      The question is with the residency requirement I guess,as I am a fly in fly out worker and my family will be at house all the time and I am back home only for the roster day off.

      to make the process easier she was not on the title ( To save money on flights to Melbourne for every visits from QLD such as signing contract ,application and etc.)

      would that make me ineligible for the grant??

      If So Can I add my wife in to the contract as the settlement hasn’t occurred yet.

      who is the right one to talk to find out more??

      is it possible to add my wife only in to the Building contract??

      Thanks for your kind reply. it will certainly help me a lot.

      Shirley Liu's headshotFinder
      ShirleySeptember 15, 2014Finder

      Hi Shakana,

      On the SRO website it states that, “all persons who are or will be owners of the home being purchased or built are required to be applicants. An owner of a home is a person who holds or will hold a relevant interest in the land on which the home is situated or being built.”

      If you willingly leave your wife off the title, the SRO may use this as a reason to appeal your lodgement for the FHOG. It would be good to confirm this by getting touch with Victoria’s State Revenue Office.

      I’ve emailed you a link with more information, hope this helps.

      Cheers,
      Shirley

      Shakana's avatar
      ShakanaSeptember 15, 2014

      Hi Shirley,

      Thanks for your response.

      I am confused as to what the right thing to do here.

      1. Can I add my wife later in this stage to the tile if so where do I start??

      2. Is a fly in fly out worker eligible for FHOG when he satisfies all the rest of the eligibility criteria??

      The new property will be my principal place of residence and my family will be there all the time.

      I am wondering if you could give me some info regarding this please??

      Thanks.

      Regards,
      Shakana

      Shirley Liu's headshotFinder
      ShirleySeptember 15, 2014Finder

      Hi Shakana,

      1. You will need to get in touch with Victoria’s Office of State Revenue to confirm if you can add your wife to the title after you have purchased the property. They will then be able to advise on the steps accordingly. Since finder.com.au is an online comparison site, we cannot confirm this for you.

      2. As a fly in, fly out worker you’re still eligible for the FHOG, as long as you meet the requirements that I passed over to you earlier today.

      Please refer to the link I’ve emailed you earlier for more information.

      Hope this helps,
      Shirley

    Flicker's avatar
    FlickerAugust 22, 2014

    Hi,
    I bought an investment property a few years ago on my own as my husband was only a casual worker and not earning enough get a home loan. He now would like to add his name on the title but is currently unemployed. Is this possible and what criteria does he have to meet to add his name?

    Thanks
    Flicker

      Elizabeth's headshotFinder
      ElizabethAugust 25, 2014Finder

      Hi Flicker,

      Thanks for your question.

      One of the first steps in adding a name to a house title is consulting with your lender, and they will also be able to shed some light on any criteria he has to meet for their own standards. There is no specific criteria that has to be met in terms of his own name being added to the house title, any criteria will be specific to the lender.

      Hope this has helped.

      Thanks,

      Elizabeth

    Marie's avatar
    MarieAugust 19, 2014

    Hi,

    I bought a house prior to getting married and the house is rented out.
    I would like to put my husbands name on the deeds for taxation purposes as he is supporting the family and I no longer work. How do I go about this and what is the cost?
    Thanks
    Marie

      Marc Terrano's headshotFinder
      MarcAugust 20, 2014Finder

      Hi Marie,
      thanks for the question.

      You’ll need to fill out a transfer form which you can obtain from the Land and Property Information service in your state, and you’ll also need to speak to your lender, as they’ll have your certificate of title and other mortgage documents. It might be a good idea to contact your lender first.

      In terms of costs, stamp duty can be applicable but is usually exempt when transferring between married or de facto partners. There might also be a fee for the transfer which could range between $100 and $200.

      I hope this helps,
      Marc.

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