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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My de facto partner and I purchased a property about 2 years ago, and only discovered when re-financing to purchase another property, that the title to the 1st property was only in my name. The re-finance (mortgage) of both properties is in both our names, however the first property is now a rental and my partner would like his name added to the title. In the event of my death, would ownership of this rental property pass to him if his name is on the mortgage document only ? He has been paying 1/2 the mortgage since day 1.
If not, what costs are associated with having his name added to the title of this property.
Finder
MarcMarch 17, 2014Finder
Hi Remys Mum,
thanks for the question.
This is best suited to the office of state revenue for your state, or alternatively a trusted accountant or financial advisor.
I hope this helps,
Marc.
manelMarch 11, 2014
hi i would like to known if i had to pay stamp duty if i were to add my name on the flat that we are living in.
Finder
MarcMarch 11, 2014Finder
Hi Manel,
thanks for the question.
In some cases this will not come with a stamp duty charge, as matrimonial homes are exempt from stamp duty in some cases. I’d recommend contacting your relevant state revenue office for more information.
I hope this helps,
Marc.
glenMarch 6, 2014
HI,
Can i have the mortgage on my and my wife ‘s name but the house tittle on any one of our name only?
Finder
ShirleyMarch 6, 2014Finder
Hi Glen,
Thanks for your comment.
This is up to the discretion of the lender, but generally not due to legal and taxation reasons.
Cheers,
Shirley
NiFebruary 26, 2014
hi
ive purchased a house around $550000 (no mortgage involved) and its under my name. Recently i got married and i want to add my wife;s name under the house too, i guess stamp duty is exempt??? and just want to ask what r other charges involved? and how much it will cost approximately? thanks!
Finder
ShirleyFebruary 26, 2014Finder
Hi Ni,
Thanks for your comment.
Generally stamp duty is exempt when sharing titles on the property as long as its your matrimonial home.
There could some legal fees involved if you wish to seek legal advice during this time. Otherwise, the Department of Land and Property can advise on any other fees.
Cheers,
Shirley
LesFebruary 25, 2014
Hi
I would like to know if I put my name on my wife’s house what charges we will get.
As it is a rental and we live together in our family house which is in both names I need to do this for tax purposes.
Thanks
Finder
ShirleyFebruary 25, 2014Finder
Hi Les,
Thanks for your comment.
The charges will vary from situation to situation, so speaking to your lender would be best. Generally stamp duty is exempt if the property is your matrimonial home – but since this is a rental you could be liable to pay stamp duty.
You’ll also need to speak to your lender to confirm that you can add your name to the title of the property – there could be legal fees involved in this too.
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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My de facto partner and I purchased a property about 2 years ago, and only discovered when re-financing to purchase another property, that the title to the 1st property was only in my name. The re-finance (mortgage) of both properties is in both our names, however the first property is now a rental and my partner would like his name added to the title. In the event of my death, would ownership of this rental property pass to him if his name is on the mortgage document only ? He has been paying 1/2 the mortgage since day 1.
If not, what costs are associated with having his name added to the title of this property.
Hi Remys Mum,
thanks for the question.
This is best suited to the office of state revenue for your state, or alternatively a trusted accountant or financial advisor.
I hope this helps,
Marc.
hi i would like to known if i had to pay stamp duty if i were to add my name on the flat that we are living in.
Hi Manel,
thanks for the question.
In some cases this will not come with a stamp duty charge, as matrimonial homes are exempt from stamp duty in some cases. I’d recommend contacting your relevant state revenue office for more information.
I hope this helps,
Marc.
HI,
Can i have the mortgage on my and my wife ‘s name but the house tittle on any one of our name only?
Hi Glen,
Thanks for your comment.
This is up to the discretion of the lender, but generally not due to legal and taxation reasons.
Cheers,
Shirley
hi
ive purchased a house around $550000 (no mortgage involved) and its under my name. Recently i got married and i want to add my wife;s name under the house too, i guess stamp duty is exempt??? and just want to ask what r other charges involved? and how much it will cost approximately? thanks!
Hi Ni,
Thanks for your comment.
Generally stamp duty is exempt when sharing titles on the property as long as its your matrimonial home.
There could some legal fees involved if you wish to seek legal advice during this time. Otherwise, the Department of Land and Property can advise on any other fees.
Cheers,
Shirley
Hi
I would like to know if I put my name on my wife’s house what charges we will get.
As it is a rental and we live together in our family house which is in both names I need to do this for tax purposes.
Thanks
Hi Les,
Thanks for your comment.
The charges will vary from situation to situation, so speaking to your lender would be best. Generally stamp duty is exempt if the property is your matrimonial home – but since this is a rental you could be liable to pay stamp duty.
You’ll also need to speak to your lender to confirm that you can add your name to the title of the property – there could be legal fees involved in this too.
Cheers,
Shirley