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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Hi can you help me how much is it to put a name on the title deeds there is no mortgage or anything it was payed in full cash payment thank you
BelindaJanuary 12, 2016
Hi there,
Thanks for reaching out.
If you would like to add your name to the title deed, your best course of action will be to contact your state office of revenue to get an accurate quote for the transfer.
Depending on the type of transfer and the value of the property, you may need to pay capital gains tax (CGT), stamp duty as well as legal and conveyancing charges. You should consider speaking to a conveyancer or solicitor. They can help you with issues related to ownership and property law.
I hope this helps.
Regards,
Belinda
ChrisDecember 21, 2015
Hi,
Under a will, a property (strata unit) was left to two beneficiaries who could not decide what to do with the property. As a result, the solicitor handling the will transferred the property into the name of the Executor who was also one of the beneficiaries.
After 5 years, they now wish to transfer the property into the names of both beneficiaries (preferably ‘joint tenants’).
What actions are required, and are there any charges involved (Stamp Duty, CGT etc)?
Thank you,
Chris
Finder
MarcDecember 22, 2015Finder
Hi Chris,
Thanks for the question.
The process to transfer the property will depend on the state, but will generally involve you contacting the relevant government department which handles this. In NSW it’s Land & Property Information. You can find the list of relevant departments and forms from our guide in removing names from a property title. In terms of CGT, in some cases, it can be disregarded depending on the situation. If it’s not disregarded, the beneficiary is usually taken to have acquired the property when the person died. Please refer to ATO’s deceased estates and capital gains tax guide for more details.
It’s highly recommended that for these types of issues legal and tax specialists are consulted.
I hope this helps,
Marc.
NazNovember 27, 2015
I own the apartment that my daughter and I live in. I want to transfer the apartment to my daughter but want to know what fees will be involved. I’m a senior citizen but am still working casual part time.
As you can see, there are a number of fees involved when changing the ownership of property such as capital gains tax (CGT), stamp duty and any valuation or legal charges required to complete the process. However, as you are transferring the ownership to your daughter, you may be exempt from paying CGT if the property is classified as your main place of residence.
Your best course of action would be to contact your state government department to see if you are eligible for any exemptions from CGT and stamp duty.
Any valuation or legal charges will depend on the fee structure of the provider and the value of the property.
You should also consider speaking to a conveyancer or solicitor. They can help you with issues related to ownership and property law.
Thanks,
Belinda
LindaOctober 27, 2015
Hi, we have no mortgage on our property but the deeds are in my husbands name, we would like my name added to the deeds, is this a straight forward procedure just incurring a legal cost or will there be tax complications e.g. inheritance tax ?
JodieOctober 27, 2015
Hi Linda,
Thank you for your inquiry.
Generally speaking, as there is no need for changes to the mortgage, it is unlikely there would be too many tax implications for changing the details of the title deed. You can read more on our guide to changing property ownership. I would recommend confirming the exact costs with your local state agency that handles land titles as well as a conveyancer. They can help you with issues related to ownership and property law.
I hope that this assists you.
Regards
Jodie
JanusOctober 5, 2015
To whom it may concern,
I’ve signed a contract with my friend together to rent a house for a year which ends on 1Apr 2016 in Perth. My friend is now moving out, what standard procedures do I need to do?
Do I need to resign a new contract? or do I need to pay a certain fee or a fee for removing my friend’s name.
My friend by pass me and decided on his own to rent his room to another person. He notified me an hour before the person come over to inspect the house. And he was about to collect the bond from the person who plan to move in within 2 days after his visit to my place.
If my friend really wish to rent his room to another person, how many days of notification he should have given me? My friend believe he has full rights to make the decision even if I disagree to let the person move in. Do I have the right to say no? As both of us signed the contract together. I have to bear the rent once he moved out, he made a verbal agreement that he will pay the rent until he find a replacement, will that still work once his name is removed from the contract and I still haven’t find a replacement?
Cheers
Janus
Finder
MarcOctober 6, 2015Finder
Hi Janus,
Thanks for the question.
A fixed-term tenancy can be ended before the expiry date when a mutual written agreement has been reached with the landlord or property manager.
Page 21 of the Tenant’s Guide to Renting in Western Australia explains the standard procedure for leaving an agreement, which includes approaching the landlord or property manager to negotiate the terms of the early termination. This can sometimes require that the tenant leaving early remains liable for the tenancy until a new tenant is able to commence the tenancy. Reimbursement can also sometimes apply if the landlord will incur losses from the early termination.
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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Hi can you help me how much is it to put a name on the title deeds there is no mortgage or anything it was payed in full cash payment thank you
Hi there,
Thanks for reaching out.
If you would like to add your name to the title deed, your best course of action will be to contact your state office of revenue to get an accurate quote for the transfer.
You may refer to our guide on how to lower costs when transferring property.
Depending on the type of transfer and the value of the property, you may need to pay capital gains tax (CGT), stamp duty as well as legal and conveyancing charges. You should consider speaking to a conveyancer or solicitor. They can help you with issues related to ownership and property law.
I hope this helps.
Regards,
Belinda
Hi,
Under a will, a property (strata unit) was left to two beneficiaries who could not decide what to do with the property. As a result, the solicitor handling the will transferred the property into the name of the Executor who was also one of the beneficiaries.
After 5 years, they now wish to transfer the property into the names of both beneficiaries (preferably ‘joint tenants’).
What actions are required, and are there any charges involved (Stamp Duty, CGT etc)?
Thank you,
Chris
Hi Chris,
Thanks for the question.
The process to transfer the property will depend on the state, but will generally involve you contacting the relevant government department which handles this. In NSW it’s Land & Property Information. You can find the list of relevant departments and forms from our guide in removing names from a property title. In terms of CGT, in some cases, it can be disregarded depending on the situation. If it’s not disregarded, the beneficiary is usually taken to have acquired the property when the person died. Please refer to ATO’s deceased estates and capital gains tax guide for more details.
It’s highly recommended that for these types of issues legal and tax specialists are consulted.
I hope this helps,
Marc.
I own the apartment that my daughter and I live in. I want to transfer the apartment to my daughter but want to know what fees will be involved. I’m a senior citizen but am still working casual part time.
Thank you
Hi Naz,
Thanks for your enquiry.
You can read our guide about how to minimise fees when transferring or gifting a property within the family.
As you can see, there are a number of fees involved when changing the ownership of property such as capital gains tax (CGT), stamp duty and any valuation or legal charges required to complete the process. However, as you are transferring the ownership to your daughter, you may be exempt from paying CGT if the property is classified as your main place of residence.
Your best course of action would be to contact your state government department to see if you are eligible for any exemptions from CGT and stamp duty.
Any valuation or legal charges will depend on the fee structure of the provider and the value of the property.
You should also consider speaking to a conveyancer or solicitor. They can help you with issues related to ownership and property law.
Thanks,
Belinda
Hi, we have no mortgage on our property but the deeds are in my husbands name, we would like my name added to the deeds, is this a straight forward procedure just incurring a legal cost or will there be tax complications e.g. inheritance tax ?
Hi Linda,
Thank you for your inquiry.
Generally speaking, as there is no need for changes to the mortgage, it is unlikely there would be too many tax implications for changing the details of the title deed. You can read more on our guide to changing property ownership. I would recommend confirming the exact costs with your local state agency that handles land titles as well as a conveyancer. They can help you with issues related to ownership and property law.
I hope that this assists you.
Regards
Jodie
To whom it may concern,
I’ve signed a contract with my friend together to rent a house for a year which ends on 1Apr 2016 in Perth. My friend is now moving out, what standard procedures do I need to do?
Do I need to resign a new contract? or do I need to pay a certain fee or a fee for removing my friend’s name.
My friend by pass me and decided on his own to rent his room to another person. He notified me an hour before the person come over to inspect the house. And he was about to collect the bond from the person who plan to move in within 2 days after his visit to my place.
If my friend really wish to rent his room to another person, how many days of notification he should have given me? My friend believe he has full rights to make the decision even if I disagree to let the person move in. Do I have the right to say no? As both of us signed the contract together. I have to bear the rent once he moved out, he made a verbal agreement that he will pay the rent until he find a replacement, will that still work once his name is removed from the contract and I still haven’t find a replacement?
Cheers
Janus
Hi Janus,
Thanks for the question.
A fixed-term tenancy can be ended before the expiry date when a mutual written agreement has been reached with the landlord or property manager.
Page 21 of the Tenant’s Guide to Renting in Western Australia explains the standard procedure for leaving an agreement, which includes approaching the landlord or property manager to negotiate the terms of the early termination. This can sometimes require that the tenant leaving early remains liable for the tenancy until a new tenant is able to commence the tenancy. Reimbursement can also sometimes apply if the landlord will incur losses from the early termination.
I hope this helps,
Marc.