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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I purchased a house and soon after I got married. What type of deed do I need to add her to house?
Finder
HaroldMay 2, 2017Finder
Hi Victor,
Thank you for your inquiry.
Once you get married, both involved in the property have rights to the property, so each individual would have a claim on the property regardless of whose names appear on the deeds.
I hope this information has helped.
Cheers,
Harold
FanniemayApril 3, 2017
how to remove someone’s name off a house title that is not on not on my deed or my loan?
Finder
MayApril 3, 2017Finder
Hi Fanniemay,
Thank you for your question and for contacting finder.com.au – we are a financial comparison website and general information service we are not mortgage specialists so can only offer general advice.
Removing a name from a title differs slightly in each Australian state and territory, so it’d be best to visit your local state government that handles property title transfers. Although basically, the transfer process is quite similar throughout Australia, to start with, you’ll need to fill out a relevant transfer form that can be obtained from your state government department’s website.
Furthermore, if the property is under a mortgage, you’ll also need to speak to the lender about the name change on the deed for proper documentation. You can also seek advice from a conveyancer or solicitor to be guided with the correct process and the fees that may be involved.
Cheers,
May
SammyJanuary 13, 2017
what should i call the name of a person whom am joining in my property in an agreement between the me (the owner) and him/her (the one i want to join)
Finder
MayJanuary 13, 2017Finder
Hi Sammy,
Thank you for your question and for contacting finder.com.au we are a financial comparison website and general information service we are not mortgage specialists so can only offer general advice.
There are four types of a property ownership structure, which describe the way the property is owned. You may refer to the types of ownership structure below:
1. Outright ownership – In this structure you are the sole owner. Your name alone is on the deed and are responsible for the property.
2. Joint ownership – Here you own the property equally with someone else. This shouldn’t be confused with “owners/tenants in common” where owners can have a different size share in the property.
3. Trust ownership – This is where the property is owned and managed by a trust or another figure. A trust is an entity which holds assets in trust on behalf of its beneficiaries. There are a number of trust types around, although the most commonly seen are family trusts. These are useful for when a property is being left to younger family members.
4. Company ownership – You can also own property through a company.
In your case, you may fall under the ‘joint ownership’ structure.
Cheers,
May
DonApril 2, 2016
My son and his partner have been together for over 10years and now we have a lovely grandson!(18months).They have just purchased at auction their first house.The largest part of the deposit by far is being provided by my son’s partners parents, as my son is the minor bread-winner in their relationship,and will not be contributing financially as much as his partner until he graduates.
My question is what sort of title arrangement and in what proportions should they be on the contracts and title deed?
BelindaApril 4, 2016
Hi Don,
Thanks for reaching out.
You can find out more information from our step-by-step guide to changing property ownership which includes joint ownership where both partners have an equal share in the property and “tenants in common” where owners can have a different size share in the property.
Your best course of action would be to speak to a conveyancer regarding the implications of different types of ownership structures.
Kind regards,
Belinda
KarenMarch 2, 2016
My daughter has become a single mother and I’d like to put her name with mine as owner of my home in South Australia. How do I do this and what charges would there be.
BelindaMarch 3, 2016
Hi Karen,
Thanks for getting in touch.
If you would like to add your daughter’s name to your property title, you will need to complete a transfer of title form which you can access from the South Australian Land Services website. You may also need to locate your duplicate certificate of title (which is likely to be held by your current lender if the property is mortgaged). You will then need to lodge the required documents with Land Services and Land Titles Office.
You can read our guide about the process and costs of changing property ownership, but generally you’ll need to pay stamp duty (which is calculated at 3-5.5% of land value), capital gains tax (which is normally around 25% of the capital gain) as well as legal and valuation fees.
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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I purchased a house and soon after I got married. What type of deed do I need to add her to house?
Hi Victor,
Thank you for your inquiry.
Once you get married, both involved in the property have rights to the property, so each individual would have a claim on the property regardless of whose names appear on the deeds.
I hope this information has helped.
Cheers,
Harold
how to remove someone’s name off a house title that is not on not on my deed or my loan?
Hi Fanniemay,
Thank you for your question and for contacting finder.com.au – we are a financial comparison website and general information service we are not mortgage specialists so can only offer general advice.
Removing a name from a title differs slightly in each Australian state and territory, so it’d be best to visit your local state government that handles property title transfers. Although basically, the transfer process is quite similar throughout Australia, to start with, you’ll need to fill out a relevant transfer form that can be obtained from your state government department’s website.
Please see the list of states on our guide on how to remove a person’s name from a property title. You should then learn more about how to do it according to which state you belong to.
Furthermore, if the property is under a mortgage, you’ll also need to speak to the lender about the name change on the deed for proper documentation. You can also seek advice from a conveyancer or solicitor to be guided with the correct process and the fees that may be involved.
Cheers,
May
what should i call the name of a person whom am joining in my property in an agreement between the me (the owner) and him/her (the one i want to join)
Hi Sammy,
Thank you for your question and for contacting finder.com.au we are a financial comparison website and general information service we are not mortgage specialists so can only offer general advice.
There are four types of a property ownership structure, which describe the way the property is owned. You may refer to the types of ownership structure below:
1. Outright ownership – In this structure you are the sole owner. Your name alone is on the deed and are responsible for the property.
2. Joint ownership – Here you own the property equally with someone else. This shouldn’t be confused with “owners/tenants in common” where owners can have a different size share in the property.
3. Trust ownership – This is where the property is owned and managed by a trust or another figure. A trust is an entity which holds assets in trust on behalf of its beneficiaries. There are a number of trust types around, although the most commonly seen are family trusts. These are useful for when a property is being left to younger family members.
4. Company ownership – You can also own property through a company.
In your case, you may fall under the ‘joint ownership’ structure.
Cheers,
May
My son and his partner have been together for over 10years and now we have a lovely grandson!(18months).They have just purchased at auction their first house.The largest part of the deposit by far is being provided by my son’s partners parents, as my son is the minor bread-winner in their relationship,and will not be contributing financially as much as his partner until he graduates.
My question is what sort of title arrangement and in what proportions should they be on the contracts and title deed?
Hi Don,
Thanks for reaching out.
You can find out more information from our step-by-step guide to changing property ownership which includes joint ownership where both partners have an equal share in the property and “tenants in common” where owners can have a different size share in the property.
Your best course of action would be to speak to a conveyancer regarding the implications of different types of ownership structures.
Kind regards,
Belinda
My daughter has become a single mother and I’d like to put her name with mine as owner of my home in South Australia. How do I do this and what charges would there be.
Hi Karen,
Thanks for getting in touch.
If you would like to add your daughter’s name to your property title, you will need to complete a transfer of title form which you can access from the South Australian Land Services website. You may also need to locate your duplicate certificate of title (which is likely to be held by your current lender if the property is mortgaged). You will then need to lodge the required documents with Land Services and Land Titles Office.
It is advised that you get a conveyancer to assist you with this process.
You can read our guide about the process and costs of changing property ownership, but generally you’ll need to pay stamp duty (which is calculated at 3-5.5% of land value), capital gains tax (which is normally around 25% of the capital gain) as well as legal and valuation fees.
However, you might be interested to learn more about how you can minimise fees when transferring property within the family.
Thanks,
Belinda