Adding a partner to your property is common and the process is quite straightforward. It’s just the consequences of the process that you should be cautious about.
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.
This is because your property is one of the most expensive assets you commit to. If done incorrectly, adding someone to your property title can cost you financially in the long run. It's crucial to remember when you include your partner on your title they will have a share of property and will be involved in your mortgage.
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. This can include the Certificate of Title after you have the Transfer Form stamped from the Office of State Revenue (OSR). There is usually a fee involved in this process.
- 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 agreement should I get?
Although you may be in a perfectly happy relationship, circumstances may change in the future. If you do have equity built in the property, you may want to consider getting a ‘tenants in common’ agreement so you’ll get the shares back if you decide to sell the property.
When you purchase a property with one or more other persons in New South Wales, you will need to specify if you’re holding the property as joint tenants or as tenants in common. This will be specified on your contract and in your transfer document. Before entering any agreement, legal advice should be sought.
- 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.
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 still lives at home 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 - if anything were to happen to the relationship, Ling would own a 60% share of the property and John 40%. After Ling and John fill in the appropriate paperwork and pay the fee of $350 which the lender adds onto the principal, the house is now under both of their names.
| Amount | Description |
|---|---|
| Property Value | $500,000 |
| Upfront costs when Ling bought the property (including stamp duty, title transfer, legal costs) | $21,400 |
| Upfront costs for John | $10,700 |
| Loan amount already repaid by Ling | $100,000 |
| Loan amount | $400,000 |
| Fortnightly repayments | $1070.99 |
Even though adding a partner to your house title should be a joyous occasion, being realistic and prepared in the first place will avoid any surprises later. When you carry out this process, all parties should be aware of whether you transfer all, or part of your ownership of the property. Most importantly, be aware of both the personal and legal consequences.
Will I pay stamp duty when transferring my property into my partner's name?
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. As mentioned above, always check with your lender before carrying out any transfer of title or mortgage.
What forms do I need?
- Transfer form. This is available from the Land and Property Information website. To fill in the form correctly you should record your name as both the transferor and the transferee on the form and record your partner’s name as the transferee. You need to sign as the transferor and transferee, whereas the other party signs as the other transferee. If you think you’re eligible for a stamp duty exemption, log onto the OSR website. You must have the Transfer Form stamped or marked by the OSR to be exempt.
- Certificate of Title. This will be held by you or your current lender.
- Mortgage documents prepared by your lender. If you currently have a mortgage, your lender should be the first party to consult. They will provide you with any other relevant documentation to be lodged.
Click through to your state government website for more information
What legal documentation can I expect?
- A Grant Deed. By using a grant deed you will transfer all of your interest, ownership and rights to the property immediately. Upon signing a grant deed you lose all rights and have no further control over the property. If you are living there you immediately become a tenant and can be evicted by the new owner at any time.
- A Trust Deed. A trust deed is usually used when the property is secured for the purposes of carrying out an obligation that involves the home such as a mortgage or the repayment of an equity loan. If you do not repay the loan your home can be sold out from under you at a public auction.
- A Quitclaim Deed. A Quitclaim deed, much like a grant deed, immediately transfers all of your previous interest, ownership and rights concerning the property. A Quitclaim deed can be used to add or remove any person’s name on the original title document in a simple straightforward manner. However, a Quitclaim deed has no warranty as the grantee has the same power as the grantor. For this reason it can be the most suitable method to transfer property between family members, as gifts or special circumstances.
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
how to remove someone’s name off a house title that is not on not on my deed or my loan?
Hi Fanniemay,
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.
Removing a name from a title differs slightly in each Australian state and territory, so you’d be best to visit your local state government that handles property title transfers. Although basically, the transfer process is quite similar throughout Australia, 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 of states in the blue box found on this page.
Furthermore, if the property is under a mortgage, you’ll also need to speak to the lender about the name change on the deed for proper documentation. You can also seek an advice from a conveyancer or solicitor to be guided with the correct process and the fees that may be involved.
Cheers,
May
what should i call the name of a person whom am joining in my property in an agreement between the me (the owner) and him/her (the one i want to join)
Hi Sammy,
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.
There are four types of a property ownership structure, which describe the way the property is owned. You may refer to the types of ownership structure below:
1. Outright ownership - In this structure you are the sole owner. Your name alone is on the deed and are responsible for the property.
2. Joint ownership - Here you own the property equally with someone else. This shouldn’t be confused with “owners/tenants in common” where owners can have a different size share in the property.
3. Trust ownership - This is where the property is owned and managed by a trust or another figure. A trust is an entity which holds assets in trust on behalf of its beneficiaries. There are a number of trust types around, although the most commonly seen are family trusts. These are useful for when a property is being left to younger family members.
4. Company ownership - You can also own property through a company.
In your case, you may fall under the ‘joint ownership’ structure.
Cheers,
May
My son and his partner have been together for over 10years and now we have a lovely grandson!(18months).They have just purchased at auction their first house.The largest part of the deposit by far is being provided by my son’s partners parents, as my son is the minor bread-winner in their relationship,and will not be contributing financially as much as his partner until he graduates.
My question is what sort of title arrangement and in what proportions should they be on the contracts and title deed?
Hi Don,
Thanks for reaching out.
As finder.com.au is an online comparison service, we are not licensed to give you personal advice regarding the type of ownership structure that your son and his partner should arrange for their property.
However, on this page we discuss the different types of ownership structure, including joint ownership which is where both partners have an equal share in the property and “tenants in common” where owners can have a different size share in the property.
Your best course of action would be to speak to a conveyancer regarding the implications of different types of ownership structures.
Kind regards,
Belinda
My daughter has become a single mother and I’d like to put her name with mine as owner of my home in South Australia. How do I do this and what charges would there be.
Hi Karen,
Thanks for getting in touch.
If you’d like to add your daughter’s name to your property title, you will need to complete a transfer of title form which you can access from the South Australian Land Services website. You may also need to locate your duplicate certificate of title (which is likely to be held by your current lender if the property is mortgaged). You’ll then need to lodge the required documents with Land Services and Land Titles Office.
It’s advised that you get a conveyancer to assist you with this process.
You can read our guide about the process and costs of changing property ownership, but generally you’ll need to pay stamp duty (which is calculated at 3-5.5% of land value), capital gains tax (which is normally around 25% of the capital gain) as well as legal and valuation fees.
However, you might be interested to learn more about how you can minimise fees when transferring property within the family.
Thanks,
Belinda
I would like to add my wife to a property, what forms and where can I find it?
Hi Deborah,
Thanks for reaching out.
If you’d like to add your wife’s name to the property title, you’ll need to access and complete a transfer of title form which can be accessed from your state government website. For instance, in NSW, you can access it from the Land and Property Information (LPI) website whereas in VIC, you can access it from the Department of Environment, Land, Water and Planning (DTPLI) website.
You will also need to access your certificate of title and mortgage documents which will be held by your existing lender. Your lender will provide you with any other relevant documentation that needs to be submitted.
All the best,
Belinda
Hi, My partner of twenty years still won’t put my name on our house. It is debt free, ie no mortgage. I have always been a much lower income earner but have contributed all I earn to the family.
We have opened this house for 14 years. The deposit paid for by the sale of his previous house. Our home is worth exactly 5 times the value of that house.
He claims the reason is to avoid CGT. Is that correct?
Hi Mary,
thanks for the question.
Unfortunately as we’re not tax experts we’re unable to comment on or give advice regarding tax minimisation strategies. You may wish to consult an accountant about this to see what benefit this strategy has for your situation.
Sorry I couldn’t be of more help,
Marc.
I was approved by my bank to add my spouse in my warranty deed. He also added in the note. I just received the liability approval. I need to record the deed with Dallas county, but don’t know what form I need to fill out or if I need to go to the title company to get help.
Or do I need now to download the warranty deed form, fill it out and the go and notarized, then go to Dallas county clerk for recording?
Hi Ana,
I’ve sent you an email to follow up with this enquiry.
Thanks,
Belinda