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

    Ni's avatar
    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!

      Shirley Liu's headshotFinder
      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

    Les's avatar
    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

      Shirley Liu's headshotFinder
      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.

      Cheers,
      Shirley

    kay's avatar
    kayFebruary 17, 2014

    Do you have to pay stamp duty when adding your de-facto’s name to the title deed?The mortgage is already held in joint names.

      Marc Terrano's headshotFinder
      MarcFebruary 18, 2014Finder

      Hi Kay,
      thanks for the question.

      In most cases this will not attract stamp duty if the property is your ‘matrimonial home’ (a home shared by a married of de facto couple). Consult your lender as some fees may apply.

      Cheers,
      Marc.

    RICK's avatar
    RICKFebruary 12, 2014

    my father purchase a property and put it under my brothers name, since then dad has passed away leaving the property to myself and my brother, we both live on this property, now i wish to build another home (10 acres) how do i get my name on the deed? for finance purposes (i am the sole financier)

      Marc Terrano's headshotFinder
      MarcFebruary 13, 2014Finder

      Hi RICK,
      thanks for the question.

      You may wish to contact a conveyancer, lawyer or other property professional to assist with this. Alternatively you can lodge a request yourself at the relevant land registration service for your state.

      Cheers,
      Marc.

    Louise's avatar
    LouiseFebruary 7, 2014

    I am living in a de-facto relationship on a property my de-facto purchased prior to commencing our relationship. We want to do a large renovation to the house and he needs my savings to do this and the bank has said my name needs to go on the mortgage. He rents out a portion of the property and has 2 separate loans which he claims a tax deduction on so does not want my name on these loans, but wishes to create a new loan. He is okay to have my name added to the deeds (I understand this needs approval from the lender?). In the event of a relationship breakdown or death of either party, I am wondering where each of us stand legally. (I have 3 children from a previous relationship to consider).

      Marc Terrano's headshotFinder
      MarcFebruary 10, 2014Finder

      Hi Louise,
      thanks for the question.

      You may wish to contact a legal representative for further information regarding this matter.

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

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