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, I have lived with my wife for 15 years in our current residence and we are legally married. I have paid off the mortgage on my house and I want to put my wife in joint ownership of my title. Is the valuation of the house included in the documents required?
Finder
AngusSeptember 19, 2024Finder
Hi Lee, Usually, you won’t need the valuation for your property to change the title – the key requirements are the property title, evidence the property has been paid off and the relevant forms for your state. Depending on your circumstances, you might want to seek professional advice to ensure the change of title doesn’t have any impact on any current or future pension payments. Hope this helps.
AndrewJanuary 22, 2024
My son and his partner have brokered the idea that – if we gift them $100k towards a deposit for the purchase or a dual living house for myself and mother move into and we both contribute to the mortgage – they can get the loan in their names as we can not..
we would right up a property title agreement [ if thats the correct term ] for all of us to be on the title and with an agreed percentage between all parties.
look for advice ?
Finder
RichardJanuary 23, 2024Finder
Hi Andrew,
You require personal financial and legal advice that we can’t provide here. I suggest talking to a solicitor or conveyancer and a mortgage broker.
MarkJuly 28, 2023
Hi. Me and my wife built our house her mother gifted my then girlfriend the land to build on we weren’t married at the time but both our names are on the mortgage. but my name is not on the deeds. Now that were married the last 4 yrs and putting my name on the deeds would I have to pay stamp duty or other taxes
Finder
RichardJuly 28, 2023Finder
Hi Mark,
We can’t provide personal financial or legal advice on this matter. I suggest contacting a conveyancer or solicitor.
NatJune 27, 2023
If you’re in a joint home loan can a borrower be omitted from the contract of sale/ title, or is this considered fraud?
Finder
SarahJune 28, 2023Finder
Hi Nat,
Any owners listed on the property’s title must be listed on the contract for sale, or the sale would be considered fraudulent.
Generally if you apply for a joint mortgage, both parties will also have their name on the property title or deed and both are considered the legal owners of the property.
If your name is not on the title but is on the loan, some lenders may see you as a guarantor rather than an equal borrower or they may consider you don’t hold any ownership or rights to the property, even though you might be held responsible for repaying the loan.
Every bank and lender has their own policies so it’s a good idea to check with your bank before signing any contract.
jean-claudeMarch 12, 2023
I own a factory in Kalgoorlie W.A only in my name for the last 15 years and now i want to include my wife’s name for taxes purpose What is the best way to do that Regards.
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, I have lived with my wife for 15 years in our current residence and we are legally married. I have paid off the mortgage on my house and I want to put my wife in joint ownership of my title. Is the valuation of the house included in the documents required?
Hi Lee, Usually, you won’t need the valuation for your property to change the title – the key requirements are the property title, evidence the property has been paid off and the relevant forms for your state. Depending on your circumstances, you might want to seek professional advice to ensure the change of title doesn’t have any impact on any current or future pension payments. Hope this helps.
My son and his partner have brokered the idea that – if we gift them $100k towards a deposit for the purchase or a dual living house for myself and mother move into and we both contribute to the mortgage – they can get the loan in their names as we can not..
we would right up a property title agreement [ if thats the correct term ] for all of us to be on the title and with an agreed percentage between all parties.
look for advice ?
Hi Andrew,
You require personal financial and legal advice that we can’t provide here. I suggest talking to a solicitor or conveyancer and a mortgage broker.
Hi. Me and my wife built our house her mother gifted my then girlfriend the land to build on we weren’t married at the time but both our names are on the mortgage. but my name is not on the deeds. Now that were married the last 4 yrs and putting my name on the deeds would I have to pay stamp duty or other taxes
Hi Mark,
We can’t provide personal financial or legal advice on this matter. I suggest contacting a conveyancer or solicitor.
If you’re in a joint home loan can a borrower be omitted from the contract of sale/ title, or is this considered fraud?
Hi Nat,
Any owners listed on the property’s title must be listed on the contract for sale, or the sale would be considered fraudulent.
Generally if you apply for a joint mortgage, both parties will also have their name on the property title or deed and both are considered the legal owners of the property.
If your name is not on the title but is on the loan, some lenders may see you as a guarantor rather than an equal borrower or they may consider you don’t hold any ownership or rights to the property, even though you might be held responsible for repaying the loan.
Every bank and lender has their own policies so it’s a good idea to check with your bank before signing any contract.
I own a factory in Kalgoorlie W.A only in my name for the last 15 years and now i want to include my wife’s name for taxes purpose What is the best way to do that Regards.
The best approach is to talk to a conveyancer.