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

    Don's avatar
    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?

      Belinda Punshon's avatar
      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

    Karen's avatar
    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.

      Belinda Punshon's avatar
      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.

      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

    Deborah's avatar
    DeborahFebruary 28, 2016

    I would like to add my wife to a property, what forms and where can I find it?

      Belinda Punshon's avatar
      BelindaFebruary 29, 2016

      Hi Deborah,

      Thanks for reaching out.

      If you’d like to add your wife’s name to the property title, you’ll need to access and complete a transfer of title form which can be accessed from your state government website. For instance, in NSW, you can access it from the Land and Property Information (LPI) website whereas in VIC, you can access it from the Department of Environment, Land, Water and Planning (DTPLI) website.

      You will also need to access your certificate of title and mortgage documents which will be held by your existing lender. Your lender will provide you with any other relevant documentation that needs to be submitted.

      All the best,
      Belinda

    Mary's avatar
    MaryFebruary 22, 2016

    Hi, My partner of twenty years still won’t put my name on our house. It is debt free, ie no mortgage. I have always been a much lower income earner but have contributed all I earn to the family.

    We have opened this house for 14 years. The deposit paid for by the sale of his previous house. Our home is worth exactly 5 times the value of that house.

    He claims the reason is to avoid CGT. Is that correct?

      Marc Terrano's headshotFinder
      MarcFebruary 23, 2016Finder

      Hi Mary,
      thanks for the question.

      Unfortunately as we’re not tax experts we’re unable to comment on or give advice regarding tax minimisation strategies. You may wish to consult an accountant about this to see what benefit this strategy has for your situation.

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

    Ana's avatar
    AnaFebruary 21, 2016

    I was approved by my bank to add my spouse in my warranty deed. He also added in the note. I just received the liability approval. I need to record the deed with Dallas county, but don’t know what form I need to fill out or if I need to go to the title company to get help.

    Or do I need now to download the warranty deed form, fill it out and the go and notarized, then go to Dallas county clerk for recording?

      Belinda Punshon's avatar
      BelindaFebruary 24, 2016

      Hi Ana,

      I’ve sent you an email to follow up with this enquiry.

      Thanks,
      Belinda

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