What you need to know:
- You can hire a conveyancer to remove someone's name from a property title or do it yourself by completing a transfer form from your state/territory government's website.
- You also need to pay stamp duty, but there are exemptions for marriage or de facto relationship breakdowns.
- If you have a home loan, removing someone's name from a property title means you need to refinance the home loan too.

My husband and I own vacant land that will become our principal place of residence once we build. Are we able to take him off the title so it’s only in my name and avoid stamp duty? There is no loan associated with the property
Hello Kate,
I suggest talking to a conveyancer about this. Removing someone from a title is not difficult, but I’m not sure about avoiding stamp duty.
Kind regards,
Richard
Hi there,
I jointly own a property with my mother, she has 2/3 and I have 1/3 on the title. My mother has been diagnosed with dementia I have . I also have a small mortgage on the property of less than $100k. It is no longer appropriate to have my mother on the title however I have read that you cannot remove a person from a title without their consent, is that correct? Is that also the case with Enduring Power of Attorney?
I have read in a previous question posted from Warren in July 24, 2021, and response from Sarah was that “Usually, removing your names from the deed title attract stamp duty, even where the property is gifted and no money is involved in the transaction.” If I were to remove my mother from the title would we be liable for stamp duty?
Hi Scott,
Generally, you’ll need to discuss with the co-owner and reach an agreement before you can remove their name from the property title as it’s not possible to remove someone’s name from the title without their consent. However, your situation is a bit complicated. I recommend that you contact a property lawyer or a licensed conveyancer for personalised legal advice.
Regards,
Richard
Change deeds back into 1 name
Hi Kimberlee,
First, you’ll need to discuss it with your co-owner and reach an agreement before you can remove their name from the property title as it’s not possible to remove someone’s name from the title without their consent.
Once you’ve come to an agreement, the regulations and forms needed in removing someone’s name from a property title differ by state and territory. Please see above and check out the links by state for the details.
It would also benefit you to hire a property lawyer or a licensed conveyancer for personalised advice about your situation.
I hope this helps!
Cheers,
Richard
I owned a rental house in conjunction with one son. I paid him off for his house but we agreed not to make it legal so he could avoid stamp duty.
Now I want to take his name off and give the house and bequeath it in my will to my other son. ( First son will get my own house etc). I have offered to pay his stamp duty…but he is not agreeable now to having his name removed. ( all in WA)
What are my options?
thank you.
Hi Andre,
Your situation seems a bit complicated. Based on what you’ve described, the first thing that you really need to do is to discuss this further and reach an agreement with your son, the co-owner.
If you do not reach an agreement, you will likely have a lot of trouble removing his name from the title, as it’s not possible to remove someone’s name from the title without their consent.
Once you’ve come to an agreement, the regulations and forms needed in removing someone’s name from a property title differ by state and territory. Please see above and check out the links by state for the details.
Because of the complications of your situation, I would definitely recommend you contact a property lawyer or a licensed conveyancer for personalised advice.
I hope this helps!
Cheers,
Sarah
my first Husband, we bought a house when I lived in the UK in 1985 and my name was on there until 2019 when I removed it so when he dies they would be no issue, he died in 2020 and left the house to his children.
He married a second time and they split 15 years ago she now wants half the house because they were not devoiced they were married for 7 years can I make a claim for the house even though I took my name of the deeds?
Hi Debra,
Your situation sounds quite complicated. Because it involves an international property transaction and multiple claims on the property proceeds, it’s very difficult to offer an insight. My best advice would be to contact a lawyer who specializes in property assets and relationship breakdowns to get some personalized guidance on what your next steps could be.
Hope this helps,
Sarah