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Adding your partner’s name to your house title
Here are the forms and steps you need to take to add a partner to your property title.
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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 on 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 in the property have rights to the property, so each individual would have a claim on the property 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, its 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, one party would own a third and the other owns two-thirds. If one 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 three years and are ready to move in together. Ling already has a property in Dee Why, Sydney, while John lives with his parents. The agreement is that John will move into Ling’s property, pay 50% of the upfront costs towards the mortgage and start making 50% of the repayments. Ling has already paid up to $100,000 of repayments, which means she already owns 20% of the property.
Ling and John approach the lender first to see if they can get approval. 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.
This means if John and Ling broke up, Ling would own a 60% share of the property and John 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 realise this exemption, you'll need to fill out an exemption form, which 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.
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Ask an Expert
We are refinancing our Home loan which we opened before we were married, now the bank is saying “Could you please arrange an Application for Change of Name from a solicitor, conveyancer or the relevant State Title Authority and return to us ” . Can’t I just supply a married certificate as proof ?
Cheers
Hi Greg,
Thanks for your comment and I hope you are doing well. As the bank requires the document called Application for Change of Name, this means you’d need to furnish this document for Refinance Home Loan. Given that you don’t have that document at hand, you must ask the financier if they will allow a marriage certificate.
Hope this clarifies and feel free to reach back out for further assistance.
Best,
Nikki
Hope
My wife purchased an investment property 20 years ago, we have now completed a knockdown/rebuild on this property. We are now using it as our principal place of residence. Previous marital home in joint names will be sold. Will we be liable for stamp duty, fees etc if the property is transferred into joint names?
Hi Ian,
Thank you for getting in touch with finder.
In some cases, stamp duty is not payable when a partner is added to a property title. The property you live in is usually exempted on stamp duty. Stamp duty exemptions vary in every state. It is best to verify this matter from your state’s revenue office.
I hope this helps.
Please feel free to reach out to us if you have any other enquiries.
Thank you and have a wonderful day!
Cheers,
Jeni
My husband buy a house in his own name after we married. This house is in mortgage in his own name. If I want to add my name to this property, how can I do that? Any stamp duty we need to pay? Our house is in queensland.
Hi Clare,
Thanks for getting in touch!
Generally, both involved in the property have rights to the property, so each individual would have a claim on the property regardless of whose names appear on the deeds.
Every case is different when it comes to adding a partner to your property, so the Department of Land and Property Information recommends that everyone seeks legal and professional advice through the process.
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 realise this exemption, you’ll need to fill out an exemption form, which is available from your state office of revenue.
There are a number of conditions which must be met before this exemption is able to be realised, and these can change from state to state. Always check with your lender before carrying out any transfer of title or mortgage.
Hope this clarifies.
Cheers,
Nikki
I want to add my husband to my mobile home Deed on registration whatever you want to call it but I need to know what I need to do and how much it will cost me.
Hi MicheleMi,
Thank you for your comment.
To add your husband to your property title, you’ll need to fill in the necessary forms and apply with your state government. Please note that the process, including the costs and fees, may differ in each Australian state and territory.
Generally, you’ll have to fill in the following:
– Transfer form: You can obtain the transfer form from your state government website. You’ll have to record your name as both transferor and transferee and add your partner’s name as transferee.
– Certificate of title: The original certificate of title may be held by you or your lender. You’ll be required to provide this document.
– Mortgage documents: If you already have a mortgage, you must first seek advice from your lender. This way, they can provide any relevant mortgage documents that may be required to add in your partner’s name to your property title.
You are well advised to kindly seek advice from a conveyancer who can help you with the whole process and the fees involved.
Regards,
Jhezelyn
I will be moving in with my fiancée at the end of the year. He owns his home and has no mortgage. I have agreed to buy into his property and the arrangement will be 50/50. In order for me to pay my half share and get the property deed into joint names, what is the process and are there any other fees I will need to pay?
Hello Tracey,
Thank you for your inquiry today.
The process and fees would vary depending on your local state revenue requirements. Please click the applicable state government website for more information.
Once you have selected the government website, please search for forms and/or fees guide. Example is like this page in Victoria state.
Alternatively, you may contact a conveyancer or the local property office for further advice.
Hope this helps.
Cheers,
Jonathan
I sold one property which was in my name only and purchase one new property in my wife name, now I want to add my name into the property as co-owner for income tax purpose, or want to do back dated Gift Deed , can I do it ?
What is the procedure ?
Hi Joshi,
Thanks for contacting finder. Please note though we are not property experts, we’re more than happy to offer you a general advice.
Yes, it is possible to add your name to your new property. Just to confirm though if this property is under mortgage? If so, best that you consult first with your lender. If they would allow you to add your name, you can start the process by filling out the relevant transfer form which can be obtained from the Land and Property Information website. Typically, the process and fees involved vary from state to state so best that you visit your local government website. Please click on the name of your state (listed above) to be redirected to the official site.
Cheers,
May
Form for adding a name to a title in Victoria
Hello Camille!
You can visit this page to locate the forms you might need.
Hope this helps.
Cheers,
Jonathan
My uncle recently purchased a home and has since found out he is terminal. He wished me to have the property after he is gone. He is single and he does have two children who he never sees. It is a duplex and I can live in one and rent the other one out. I cannot be approved for a home loan at this time, but I can pay the note. It is an VA home loan. Is there anything I can do to keep this property. Thanks
My uncle recently purchased a home and has since found out he is terminal. He wished me to have the property after he is gone. He is single and he does have two children who he never sees. It is a duplex and I can live in one and rent the other one out. I cannot be approved for a home loan at this time, but I can pay the note. It is an VA home loan. Is there anything I can do to keep this property. Thanks
Hello Lisa,
Thank you for contacting finder.com.au. Please note that we are a financial comparison website and general information service designed to help consumers make better decisions. Please note that we are not mortgage specialists so we can only offer a general advice.
Sorry to hear about your uncle’s condition. Since the property of your uncle is still on a mortgage, he has to get in touch with his lender first to get consent before he can remove his name (and add your name) in the property deed. After he’s got his lender’s consent, that’s the time that he can start the process of transferring the property to other names (or in your name). Please note that since it’s still on mortgage, the lender would usually conduct an assessment of the new owner’s (you) overall financial situation and see if they can service the home loan. In this case, you’d need to get in touch with a mortgage broker – http://www.finder.com.au/mortgage-brokers who can help you with your borrowing options.
Further to the process of transferring the property, basically, this differs slightly in each Australian state and territory. The general process is actually outlined here – https://www.finder.com.au/how-to-remove-someones-name-from-a-property-title. Though removing/adding names to the property deed can be actioned by yourself, you’d still be best to seek advice from a conveyancer who can walk you through the whole process and the fees involved.
I hope this information has helped you in any way.
Regards,
Jhezelyn
My wife passed away several years ago and now i am re married how do i go about putting my new wife on the deed for the house and remove my old wife’s name Thank YOU
Hi Scott,
Thanks for your question.
If you are changing the details of your property deed, our guide on this page may help.
Kindly note that each state and county have different processes and fees relating to changing the property deed. It would be best to reach out to the local government agency that handles property titles and deeds to discuss the process and fees in relation to making this change.
Cheers,
Anndy
I purchased a house and soon after I got married. What type of deed do I need to add her to house?
Hi Victor,
Thank you for your inquiry.
Once you get married, both involved in the property have rights to the property, so each individual would have a claim on the property regardless of whose names appear on the deeds.
I hope this information has helped.
Cheers,
Harold