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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Senior Money Editor
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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

    Estelle von Takach's avatar
    EstelleAugust 23, 2022

    my son owns a quarter of my house as he built an extension for himself & one for me. His name is not on the deeds ,bit I have left the quarter of the house to him in my will.
    He has since married 15yrs , & now is worried about how his wife will get his share if he dies suddenly . I have been advised by a solicitor not to put his name on the deeds, that the will is sufficient . However if he dies suddenly where does that leave his wife , does his name on the will automatically mean that she will get his share if he dies suddenly

      Richard Whitten's headshotFinder
      RichardAugust 26, 2022Finder

      Hi Estelle,

      This is a tricky one. We can’t provide any specific legal advice for you here. I’d suggest possibly getting a second opinion from another solicitor if you’re not satisfied with the answers you’re getting.

      I hope this helps.

      Kind regards,
      Richard

    Vendy's avatar
    VendyJune 25, 2022

    Hi After divorce settlement, my partner is getting the house in NSW which is a Investment property and has a mortgage on it. His ex-wife is in process of transferring the property to him. Both my partner and I are going to refinance the house together. Since we both are taking over, can he add me as his spouse on the title and is there any stamp duty, CGT, others fees or any tax.

      Richard Whitten's headshotFinder
      RichardJuly 1, 2022Finder

      Hi Vendy,

      Adding a name to the property time will incur stamp duty. Exemptions may apply but you need to meet a number of conditions to qualify. Also, this exemption only applies to the principal place of residence.

      You can refer to the article above on how to add a partner’s name to the house title. You can also check our guide on stamp duty exemptions per state or territory as a reference.

      If the ex-wife owned the property and is transferring ownership to your partner, she may have to pay CGT.

      I suggest talking to a conveyancer for expert help, as we can only provide very general information here.

      I hope this helps!

      Regards,
      Richard

    Paul's avatar
    PaulJune 19, 2022

    Hi I want to transfer a house to my son that i own It is an investment property I bought in 1985 how much do I have to pay in fees

      Richard Whitten's headshotFinder
      RichardJune 23, 2022Finder

      Hello Paul,

      If you bought the property before 20 September 1985 then you may be exempt from CGT. If you bought it after that date you will have to pay CGT.

      You can determine your CGT costs using this guide.

      Regards,
      Richard

    Jo's avatar
    JoMarch 18, 2022

    My in-laws have suggested a proposal.. that if I give them half the value of the property. That they will add me to the tile. However they are concerned about the implications of stamp duty and capital gains tax in Victoria. How much tax would we be liable for?

      Richard Whitten's headshotFinder
      RichardMarch 23, 2022Finder

      Hi Jo,

      You pay capital gains tax when transferring ownership of a property that isn’t your principal place of residence. So if the property is an investment property then CGT may apply.

      Stamp duty also applies when adding someone to a property title, unless they are a partner. So this may apply too.

      I suggest talking to a conveyancer, who can help you explain the costs and obligations involved.

      I hope this helps!

      Regards,
      Richard

    Kathy's avatar
    KathyNovember 6, 2021

    I would like to add my name to a property title that is currently owned by my daughter. How much does it cost for joint ownership and how about tenants in common where two thirds is owned by one party and one third by the other party?

      Richard Whitten's headshotFinder
      RichardNovember 10, 2021Finder

      Hi Kathy,

      Adding a name to a property title may involve fees as well as stamp duty. The form you’ll need to submit and the associated fees depend on which state or territory you live in. These can change from state to state so make sure you request a form from your state office of revenue or your state government website.

      It might help to get professional legal advice from a property lawyer or a licensed conveyancer before adding a name to a property title.

      Hope this helps!

      Cheers,
      Richard

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