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.

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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Sources

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Senior Money Editor

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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209 Responses

    Default Gravatar
    TraceyJuly 17, 2017

    I will be moving in with my fiancée at the end of the year. He owns his home and has no mortgage. I have agreed to buy into his property and the arrangement will be 50/50. In order for me to pay my half share and get the property deed into joint names, what is the process and are there any other fees I will need to pay?

      Default Gravatar
      JonathanJuly 28, 2017

      Hello Tracey,

      Thank you for your inquiry today.

      The process and fees would vary depending on your local state revenue requirements. Please click the applicable state government website above for more information. Once you have selected the government website, please search for forms and/or fees guide. You may also contact a conveyancer or the local property office for further advice.

      Hope this helps.

      Cheers,
      Jonathan

    Default Gravatar
    JoshiJune 28, 2017

    I sold one property which was in my name only and purchase one new property in my wife name, now I want to add my name into the property as co-owner for income tax purpose, or want to do back dated Gift Deed , can I do it ?
    What is the procedure ?

      Default GravatarFinder
      MayJune 29, 2017Finder

      Hi Joshi,

      Thanks for contacting finder. Please note though we are not property experts, we’re more than happy to offer you a general advice.

      Yes, it is possible to add your name to your new property. Just to confirm though if this property is under mortgage? If so, best that you consult first with your lender. If they would allow you to add your name, you can start the process by filling out the relevant transfer form which can be obtained from the Land and Property Information website. Typically, the process and fees involved vary from state to state so best that you visit your local government website. Please click on the name of your state (listed above) to be redirected to the official site.

      Cheers,
      May

    Default Gravatar
    CamilleJune 27, 2017

    Form for adding a name to a title in Victoria

    Default Gravatar
    LisaMay 23, 2017

    My uncle recently purchased a home and has since found out he is terminal. He wished me to have the property after he is gone. He is single and he does have two children who he never sees. It is a duplex and I can live in one and rent the other one out. I cannot be approved for a home loan at this time, but I can pay the note. It is an VA home loan. Is there anything I can do to keep this property. Thanks

      Default GravatarFinder
      LisaMay 24, 2017Finder

      My uncle recently purchased a home and has since found out he is terminal. He wished me to have the property after he is gone. He is single and he does have two children who he never sees. It is a duplex and I can live in one and rent the other one out. I cannot be approved for a home loan at this time, but I can pay the note. It is an VA home loan. Is there anything I can do to keep this property. Thanks

      Default GravatarFinder
      JhezelynMay 24, 2017Finder

      Hello Lisa,

      Thank you for contacting finder.com.au. Please note that we are a financial comparison website and general information service designed to help consumers make better decisions. Please note that we are not mortgage specialists so we can only offer a general advice.

      Sorry to hear about your uncle’s condition. Since the property of your uncle is still on a mortgage, he has to get in touch with his lender first to get consent before he can remove his name (and add your name) in the property deed. After he’s got his lender’s consent, that’s the time that he can start the process of transferring the property to other names (or in your name). Please note that since it’s still on mortgage, the lender would usually conduct an assessment of the new owner’s (you) overall financial situation and see if they can service the home loan. In this case, you’d need to get in touch with a mortgage broker – https://www.finder.com.au/mortgage-brokers who can help you with your borrowing options.

      Further to the process of transferring the property, basically, this differs slightly in each Australian state and territory. The general process is actually outlined here – https://www.finder.com.au/how-to-remove-someones-name-from-a-property-title. Though removing/adding names to the property deed can be actioned by yourself, you’d still be best to seek advice from a conveyancer who can walk you through the whole process and the fees involved.

      I hope this information has helped you in any way.

      Regards,
      Jhezelyn

    Default Gravatar
    ScottMay 9, 2017

    My wife passed away several years ago and now i am re married how do i go about putting my new wife on the deed for the house and remove my old wife’s name Thank YOU

      Default GravatarFinder
      DeeMay 9, 2017Finder

      Hi Scott,

      Thanks for your question.

      You may want to check our changing property ownership guide if you are changing the details of your property deed.

      Kindly note that each state and county have different processes and fees relating to changing the property deed. It would be best to reach out to the local government agency that handles property titles and deeds to discuss the process and fees in relation to making this change.

      Cheers,
      Anndy

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