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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Hi
Can I use a quit Claim Deed in Qld to remove my Mother from my Mortgage Title. The bank in 2010 made us Tenants in Common instead of her income just being used to service the debt on paper. Mum doesn’t live here or has never serviced the debt and doesn’t want her name on the title.
Finder
ShirleyJuly 21, 2014Finder
Hi Karyn,
Thanks for your question.
This is possible if both parties agree to the Quitclaim Deed being signed.
Your lender will be able to assist you with the process and advise on the legal services.
Cheers,
Shirley
LopeJuly 15, 2014
My daughter bought a property and we share the downpayment but the loan and ownership is under her as first time home buyer. We entered into contract last July 2013 and settled only last April 2013 where my daughter received the benefits as first time home buyer. We want to add my name on the ownership but I will pay in cash to pay half of the loan. Do I need to inform the bank re change of ownership or will I process the change of ownership from Registry of Deeds first?
Finder
ShirleyJuly 15, 2014Finder
Hi Lope,
Thanks for your question.
Please speak to your lender first to inform them of the change. They may be able to facilitate the change of ownership as well, to save you some of the effort.
Cheers,
Shirley
curiousJune 3, 2014
I want to put my son’s name onto our title deeds. Reason being is that we don’t wish our other child to have inheritance rights over the property when we die. Would our inheritor have to pay any tax or otherwise in being the new owner after our deaths?
Finder
ShirleyJune 4, 2014Finder
Hi Curious,
Thanks for your question.
There could be tax implications if this property is to be your son’s investment property. Main residences are generally exempt from Capital Gains Tax.
For more information, please speak to your trusted accountant or solicitor.
Cheers,
Shirley
bettyApril 5, 2014
My sister put my name on her house deed only if I come live with her, which I did. Now she says we can’t get along and wants my name off. I paid half of the bills and taxes for 11 yrs. She is 79 and I’m 72 can she do it without me signing?
Finder
MarcApril 7, 2014Finder
Hi Betty,
thanks for the question.
I’d recommend calling the land and title office for your state to find out more information about this and how you might be able to deal with this matter.
Cheers,
Marc.
debbieMarch 23, 2014
hi , my house was in both names, my partner signed it over to me, it passed through court, to be in my name only, and was accepted, my partner passed away before and the title got signed , so the house is mine right ,?
Finder
MarcMarch 24, 2014Finder
Hi Debbie,
thanks for the question.
I’d contact the land and property authority in your state to find out the status of your property title.
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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Hi
Can I use a quit Claim Deed in Qld to remove my Mother from my Mortgage Title. The bank in 2010 made us Tenants in Common instead of her income just being used to service the debt on paper. Mum doesn’t live here or has never serviced the debt and doesn’t want her name on the title.
Hi Karyn,
Thanks for your question.
This is possible if both parties agree to the Quitclaim Deed being signed.
Your lender will be able to assist you with the process and advise on the legal services.
Cheers,
Shirley
My daughter bought a property and we share the downpayment but the loan and ownership is under her as first time home buyer. We entered into contract last July 2013 and settled only last April 2013 where my daughter received the benefits as first time home buyer. We want to add my name on the ownership but I will pay in cash to pay half of the loan. Do I need to inform the bank re change of ownership or will I process the change of ownership from Registry of Deeds first?
Hi Lope,
Thanks for your question.
Please speak to your lender first to inform them of the change. They may be able to facilitate the change of ownership as well, to save you some of the effort.
Cheers,
Shirley
I want to put my son’s name onto our title deeds. Reason being is that we don’t wish our other child to have inheritance rights over the property when we die. Would our inheritor have to pay any tax or otherwise in being the new owner after our deaths?
Hi Curious,
Thanks for your question.
There could be tax implications if this property is to be your son’s investment property. Main residences are generally exempt from Capital Gains Tax.
For more information, please speak to your trusted accountant or solicitor.
Cheers,
Shirley
My sister put my name on her house deed only if I come live with her, which I did. Now she says we can’t get along and wants my name off. I paid half of the bills and taxes for 11 yrs. She is 79 and I’m 72 can she do it without me signing?
Hi Betty,
thanks for the question.
I’d recommend calling the land and title office for your state to find out more information about this and how you might be able to deal with this matter.
Cheers,
Marc.
hi , my house was in both names, my partner signed it over to me, it passed through court, to be in my name only, and was accepted, my partner passed away before and the title got signed , so the house is mine right ,?
Hi Debbie,
thanks for the question.
I’d contact the land and property authority in your state to find out the status of your property title.
Sorry I couldn’t be of more help,
Marc.