⚡️⚡️⚡️
With energy prices rising, switch to a cheaper plan
💡
Compare Prices Now
⚡️⚡️⚡️

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.

We’re reader-supported and may be paid when you visit links to partner sites. We don’t compare all products in the market, but we’re working on it!

It can be an exciting decision when you choose to own a property together with a partner, family member or friend. To ensure everyone's interests are protected, you should go through the process of adding their name to the property title so that the decision is reflected.

When changing a property title it's always a good idea to get professional legal advice beforehand. On this page you can find general information about adding a name to a property title, including links to state and territory government websites.

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 can find the relevant websites below. 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 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. Speaking to a solicitor will help this process run smoothly.

What type of ownership agreement should I get?

Although you may be in a perfectly happy relationship, circumstances may change in the future. If you already have equity in the property you may want to consider getting a tenants in common agreement. Rather than a 50/50 arrangement, this will give you a more proportional share of the property based on the amount you own.

Before entering any agreement, seek legal advice.

  • Joint tenants. Both parties will own the property in equal shares and if one of the owners die then their share will automatically pass onto the other owner (even if you have a will). 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 "tenants in common" agreement. 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.

What happens if John and Ling break up? Ling owns 20% of the property to begin with. The remaining 80% is split in 2, so Ling would own a 60% share of the property and John 40%.

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.

Need a home loan? Start comparing your options

More guides on Finder

Home Loan Offers

Important Information*

Find the right home loan now

Ask an Expert

You are about to post a question on finder.com.au:

  • Do not enter personal information (eg. surname, phone number, bank details) as your question will be made public
  • finder.com.au is a financial comparison and information service, not a bank or product provider
  • We cannot provide you with personal advice or recommendations
  • Your answer might already be waiting – check previous questions below to see if yours has already been asked

Finder only provides general advice and factual information, so consider your own circumstances, or seek advice before you decide to act on our content. By submitting a question, you're accepting our Terms of Use, Disclaimer & Privacy Policy and Privacy & Cookies Policy.

179 Responses

  1. Default Gravatar
    PaulJune 19, 2022

    Hi I want to transfer a house to my son that i own It is an investment property I bought in 1985 how much do I have to pay in fees

    • Avatarfinder Customer Care
      RichardJune 23, 2022Staff

      Hello Paul,

      If you bought the property before 20 September 1985 then you may be exempt from CGT. If you bought it after that date you will have to pay CGT.

      You can determine your CGT costs using this guide.

      Regards,
      Richard

  2. Default Gravatar
    JoMarch 18, 2022

    My in-laws have suggested a proposal.. that if I give them half the value of the property. That they will add me to the tile. However they are concerned about the implications of stamp duty and capital gains tax in Victoria. How much tax would we be liable for?

    • Avatarfinder Customer Care
      RichardMarch 23, 2022Staff

      Hi Jo,

      You pay capital gains tax when transferring ownership of a property that isn’t your principal place of residence. So if the property is an investment property then CGT may apply.

      Stamp duty also applies when adding someone to a property title, unless they are a partner. So this may apply too.

      I suggest talking to a conveyancer, who can help you explain the costs and obligations involved.

      I hope this helps!

      Regards,
      Richard

  3. Default Gravatar
    KathyNovember 6, 2021

    I would like to add my name to a property title that is currently owned by my daughter. How much does it cost for joint ownership and how about tenants in common where two thirds is owned by one party and one third by the other party?

    • Avatarfinder Customer Care
      RichardNovember 10, 2021Staff

      Hi Kathy,

      Adding a name to a property title may involve fees as well as stamp duty. The form you’ll need to submit and the associated fees depend on which state or territory you live in. These can change from state to state so make sure you request a form from your state office of revenue or your state government website.

      It might help to get professional legal advice from a property lawyer or a licensed conveyancer before adding a name to a property title.

      Hope this helps!

      Cheers,
      Richard

  4. Default Gravatar
    JaneOctober 15, 2021

    Hi, I am paying the mortgage on the home long and this is in both my husband and my name. My husband initially purchased on his own but we since refinanced years ago and I have been on the mortgage ever since. The title of the home however is in his name only. How can we change this to add my name and is there a significant cost involved ? Thanks

    • Avatarfinder Customer Care
      RichardOctober 18, 2021Staff

      Hi Jane,

      Having your name added to a property title may involve fees as well as stamp duty. The form to be lodged and the associated fees depend on which state or territory you live in. The amount you’ll pay depends on the value of the transaction being ‘stamped’. The stamp duty to be paid is based on the rate that applies in your state or territory, less any discounts or exemptions.

      While there may be exemptions on stamp duty in certain situations for married, de facto, and same-sex couples, and also for first-home buyers and owner-occupiers, you need to meet a number of conditions to be eligible for these discounts. Please note that these could vary from state to state so make sure you request a form from your state office of revenue or your state government website.

      Consider getting professional legal advice before adding a name to a property title.

      Hope this helps!

      Cheers,
      Richard

  5. Default Gravatar
    BeverleyAugust 19, 2021

    Is there a cost involved in a wife’s name to a property title

    • Avatarfinder Customer Care
      SarahAugust 21, 2021Staff

      Hi Beverley,

      Yes, adding a name to a property title may involve fees and stamp duty could be payable. The form and associated fees differ by state.

      For married, de facto and same-sex couples, stamp duty may not be payable when adding your partner to your property title. You need to meet a number of conditions to qualify for this exemption, and these can change from state to state so make sure you request a form from your state office of revenue or your state government website. You can also check out our guide to see the stamp duty exemptions per state or territory: https://www.finder.com.au/home-loans/stamp-duty-calculator

      Remember, it is always worth seeking professional legal advice before adding a name to a property title to get specific advice regarding your situation.

      Hope this helps!
      Sarah

Go to site