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

Richard Whitten's headshot
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
    DeborahFebruary 28, 2016

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

      Default Gravatar
      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

    Default Gravatar
    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.

    Default Gravatar
    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?

      Default Gravatar
      BelindaFebruary 24, 2016

      Hi Ana,

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

      Thanks,
      Belinda

    Default Gravatar
    patrickJanuary 19, 2016

    My wife and I are looking at putting our daughter on to our property title we still have a mortgage on this property what is involved or the best way to facilitate this

      Default Gravatar
      BelindaJanuary 20, 2016

      Hi Patrick,

      Thanks for reaching out.

      To add someone’s name to the property title, you generally need to fill out and submit a transfer of title form which can be accessed from your state office of revenue.

      We have a guide on how to change property ownership, but it’s a good idea to speak to your state office of revenue and your lender regarding the paperwork required for this transfer.

      You can also learn about how to minimize fees when transferring property ownership within the family, and you can fill out the form to speak with a property tax specialist.

      I hope it helps.

      All the best,
      Belinda

    Default Gravatar
    VeronicaJanuary 15, 2016

    I would like to add my name to my husband’s home title the house is free hold and we are retired pensioners could you tell me the cost and where i can get the forms thank you.
    Regards
    Veronica

      Marc Terrano's headshotFinder
      MarcJanuary 18, 2016Finder

      Hi Veronica,

      Thanks for the question.

      The forms and cost will depend on what state the transfer is occurring in. You can find this guide for the list of the state government departments for property title, I recommend clicking through to your relevant state government.

      I hope this helps,
      Marc

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