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

    betty's avatar
    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?

      Marc Terrano's headshotFinder
      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.

    debbie's avatar
    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 ,?

      Marc Terrano's headshotFinder
      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.

      Sorry I couldn’t be of more help,
      Marc.

    Remys Mum's avatar
    RemysMarch 15, 2014

    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.

      Marc Terrano's headshotFinder
      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.

    manel's avatar
    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.

      Marc Terrano's headshotFinder
      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.

    glen's avatar
    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?

      Shirley Liu's headshotFinder
      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

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