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.

Hello, my mother died over four years ago. The day after my mother died, I went to the funeral company to get things done. When I went to my mothers bank to get all her papers, only to find out my sister had already been there. I also found out that my sister and also her husband had been stealing thousands of dollars from my mothers account over two years and this is still before the solicitors, because of the luck of work and funds that I have been able to make. Can I have a new deed of the mother’s house made without their permission? I am the sole occupant of my mother’s house now.
Hi Gordon!
Thanks for your inquiry! :)
Removing someone from deed without their consent can be a bit more complicated, especially if this concerns a family member. This would typically require a real estate attorney help to sort things out.
Alternatively, you can also seek assistance from your local property office on this matter.
Hope this helps.
Cheers,
Jonathan
If my ex partner takes his name of the deeds of the property we jointly own would I be liable to pay tax on it?
Hi JB!
Did you have divorce? If you do, you may not be required to pay stamp duty following the removal of your ex-partner’s name on the title, as long as you meet all the eligibility criteria.
Check with your solicitor or local state revenue office to know how this works on your situation.
Hope this helps.
Cheers,
Jonathan
Hi there,
My cousin bought a property and it’s still settling,he wants to sell the house to me.
He applied to transfer it in my name and the vendor has refused.
Can the vendor refuse?
Hi Lena,
Thank you for your inquiry.
Basically, when removing someone’s name from a property and transferring it to another, all the parties involved in the property should all come to an agreement. If the property is still on a mortgage/or still settling, your cousin should get a consent from his lender or vendor. If they would not allow, then the transfer to your name should be after the property has been fully paid. I would suggest that you seek a professional/legal advice from a conveyancer who can assist you with the process and possible fees associated with the transfer.
Cheers,
May
The above about stamp duty is confusing?
My brother, me and my partner may go on the mortgage together….. does my brother have to pay any fees besides the fee to remove name from the title down the track??
Hi Adrienne,
Thanks for your question.
Kindly note that someone’s name cannot be legally removed from the property title unless the other party consented to it. For instance, if your brother wishes to remove your name from the title and you’ve agreed to it, with or without monetary consideration, this is considered as a transfer of property – a dutiable transaction. Hence, he may have to pay stamp duty or transfer duty on top of the name removal fee, unless an exemption or concession is applicable. For an in-depth discussion about stamp duty, you may refer to our stamp duty guide.
I hope this has helped.
Cheers,
Liezl
We’re married and I’m still living there and he thinks he can take my name off the house,is that possible if I don’t agree to it?
Hi Dawn,
Thank you for your question and for contacting finder.com.au we are a financial comparison website and general information service we are not mortgage specialists so can only offer general advice.
If you’re one of the property’s owners, no, it’s not possible to remove your name off from the property title deed/title without your consent.
Cheers,
May