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.

What can you do, if a sibling has influenced a parent to hand over family property deed And then registered it in his name and taken two mortgages out on it
Hi Rosanna,
Thank you for reaching out to finder.
The best recourse would still be to work it out with your sibling on having your name added onto the deed or at least get your half of the property. It may be an expensive option if you still want to have this settled legally. Hope this helps!
Cheers,
Reggie
If a mother and daughter jointly own a property and the mother wants to take her name off the title so the daughter will be the sole owner what is involved with this? The property is in Western Australia.
Hi Dianne,
Thank you for reaching out to finder.
The process of removing the mother’s name from the property title depends on which state or territory your property is located. But generally, 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 if states in the blue box above).
You’d also be best to utilise the services of a conveyancer so you’ll be guided properly with the process.
Hope this helps.
Cheers,
Reggie
My brother wants to buy my share of a property he is currently residing on. Who pays for the cost incurred in doing this. He intends to go through a Surveyor. The property is in NSW.
Thank you
Hi Annemarie,
Thanks for your inquiry. Basically, when disposing a property, there is a potential taxable gain if the value of the property is greater than its value when you acquired it and this will be charged to you (who disposes the property). Other costs like stamp duty and fees on transferring of share will also be incurred which can be charged to your brother. It would be best that you both seek professional advice from a tax accountant and a solicitor so you’d both know what the fees involved and who shall pay the it.
Cheers,
May
My in laws had a trailer title jointly. She signed her name to the back and it was notarized. He was to go get the title in his name only. He got ill and didn’t get the title done. He passed away. His daughter took the title and went and put it in her name. Is this legal?
Hello Cynthia,
Thank you for your question.
At the outset, it is important to determine how the deceased owner held title to the property. This requires a close examination of the deed that transferred the property to the deceased owner. This is critical to understand so that you would know how names on property deeds are being updated.
1. “Joint Tenants with Right of Survivorship” which is in simple definition means that if one of the owners outlive the other, as long they have a written agreement of such, automatically the vested interest of the deceased owner is transferred to surviving joint owner.
2. There is also what we call “tenancy in common” where in case one of the tenants/owners die, his interests will go to the probate. In this case, surviving spouse or heirs will go through the probate court to have it updated.
3. “Community Property and Community Property with Right of Survivorship” is when n the death of one spouse, the surviving spouse will continue to own—not to inherit, but continue to own—his or her one-half interest. The remaining half will be governed by the deceased owner’s will or Texas intestacy law.
Usually, in states like Texas and California is where Community Property and Community Property with Right of Survivorship are being used. If the deed included survivorship rights, and if the other owners named ihn the deed survived the deceased owner, you can usually use an Affidavit of Survivorship to remove the deceased owner. In this case, it is legal and should not involve a court proceeding. Now, if the property deals with Probate and Alternatives to Probate, it is recommended to have an attorney in handling it.
It is worth mentioning that information provided is for general purposes only and is not offered as legal advice upon which anyone may rely. Legal counsel relating to your individual needs and circumstances is advisable before taking any action that has legal or tax consequences.
Hope this helps.
Cheers,
Jonathan
8 years ago we agreed to allow our parents to move in with us. For their security we added them to the deeds. They are now getting older and we feel it is time to remove them from the deeds. What cost is involved in this? They are in total agreement. If something happened to one of them what happens to their share. Thank you
Hi Julie,
Thanks for your inquiry.
Fees vary between states and territories, so contact the relevant government department for more information.
Whether it’s due to death, divorce, or a change in personal circumstances, it may become necessary for a name to be removed from a property deed. If it’s your name that should be removed from a property deed, you’ll typically complete a deed of conveyance.
Eliminating the ownership rights of those listed on a property deed typically involves removing the names from the deed and from the title. Because some types of property are better suited to specific deeds of conveyance, this process requires knowing more about the type of property you’re discussing.
A deed of conveyance — such as a quitclaim or warranty deed — is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by the property owner leaving the deed and title to the remaining owners of the property, who intend to remain on the title. Removing a name from the property deed requires five steps.
1. Discuss property ownership interests.
2. Access a copy of your title deed.
3. Complete, review, and sign the quitclaim or warranty form.
4. Submit the quitclaim or warranty form.
5. Request a certified copy of your quitclaim or warranty deed.
To remove a name from the property deed, you may follow the steps we have listed above in regards to lodging a Quitclaim.
Hope this information helped.
Cheers,
Arnold